General Discussion
In reply to the discussion: David Cameron asked permission to strike Syria. Why won’t Obama? [View all]Xithras
(16,191 posts)Article 1, Section 8:
Congress shall have the power...
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
The powers that use the term "provide for" refer to money, but Section 8 makes it quite clear that Congress has the power to regulate the military, how it is run, and how it is used.
The War Powers Act is entirely constitutional. The President gets to run the military, but Congress gets to set the rules by which he can do so.