With possible U.S. military involvement looming in Syria after an apparent chemical weapons attack by forces loyal to Bashar al-Assad a number of legislators in Congress are calling out for a Congressional vote prior to launching a military attack, according to NBC News.
While many leaders in Congress feel that President Barack Obama has done an ample job keeping the legislative branch updated on the Syrian situation other leaders, including Tea Party darling Rand Paul, R-Ky., believe that the issue should at least be brought up for debate in the Senate prior to military action, according to NBC News.
"We should ascertain who used the weapons and we should have an open debate in Congress over whether the situation warrants U.S. involvement," Paul said. "The Constitution grants the power to declare war to Congress, not the president."
Rep. Scott Rigell, R-Va., penned a letter to President Obama asserting that the president will need to get approval from Congress prior to launching an attack. The letter was signed by Rigell along with 47 Republicans and 8 Democrats, according to USA Today.
"Engaging our military in Syria when no direct threat to the United States exists and without prior congressional authorization would violate the separation of powers that is clearly delineated in the Constitution," Rigell wrote. "We stand ready to come back into session, consider the facts before us, and share the burden of decisions made regarding the U.S. involvement in the quickly escalating Syrian conflict."
If President Obama were to lead a U.S. military attack without the approval of Congress he would be using power that he said the president does not have. While campaigning for the White House as a senator President Obama said that he only believed that the president could unilaterally authorize military action was if it was in response to an immediate threat on the country, according to USA Today.
According to the law the president is required to notify Congress two days prior to engaging in a conflict. If the conflict goes on for longer than 60 days a vote of approval from Congress becomes necessary. When U.S. bombers participated in the overthrow of Libyan leader Muammar Gaddafi the Obama administration did not give notification to Congress, although administration lawyer argue that the involvement of the U.S. military was so minor that it was required to do so, according to the Telegraph.
A senior Democratic aide spoke with the Telegraph under the condition of anonymity and said that she thinks it is unlikely that a vote will take place but that the administration has been in constant contact with leaders in Congress.
"There's this dual-track approach of reaching out to world leaders and simultaneously reaching out to Congressional stakeholders," the aide told the Telegraph. "I doubt that will satisfy all corners of the Congress but it will probably satisfy a critical majority."
