Washington (CNN) -- As President Barack Obama 
considers military action in response to Bashar al-Assad's alleged use 
of chemical weapons in Syria, a debate over whether he must seek 
Congress' consent has surfaced. It's a debate with which the president 
is extremely familiar.
As a senator, Obama was a staunch critic of President George W. Bush for not obtaining renewed authorization for
 the war in Iraq. He blasted his predecessor in 2007, saying, "The 
president does not have power under the Constitution to unilaterally 
authorize a military attack in a situation that does not involve 
stopping an actual or imminent threat to the nation."
Additionally, as a 
candidate for president, Obama reaffirmed that sentiment. He told the 
Boston Globe in a questionnaire, "The president does not have power 
under the Constitution to unilaterally authorize a military attack in a 
situation that does not involve stopping an actual or imminent threat to
 the nation."
"It is always preferable to have the informed consent of Congress prior to any military action," Obama added at the time.
As a senator, Vice 
President Joe Biden had a similar take. During a campaign speech in Iowa
 in 2007, he said "the consequences of war -- intended or otherwise -- 
can be so profound and complicated that our founding fathers vested in 
Congress, not the president, the power to initiate war, except to repel 
an imminent attack on the United States or its citizens."
Although they have held 
such strong views in the past, their positions have dramatically 
changed. They did not seek Congressional consent when the United States 
engaged its military in Libya, nor when Obama expanded the war in 
Afghanistan. In both instances, members of Congress complained loudly, 
but the president defended his decision.
In the case of Libya, the president said at the time that U.S. troops would not be on the ground and so the law didn't apply.
Why the change of heart?
"Where you stand on this
 issue depends on where you sit, and right now (Obama) is sitting in the
 Oval Office," said Kal Raustiala, professor of law at UCLA.
It's a long-running battle of checks and balances. And it's one that the president usually wins.
The debate revolves around the War Powers Resolution.
Congress passed the 
measure in 1973, overriding a veto by President Richard Nixon. It was 
meant to rein in the president's ability to involve the United States in
 overseas conflict.
The law requires that 
the president seek consent from Congress before force is used or within 
60 days of the start of hostilities and that the president provides 
Congress with reports throughout the conflict.
It hasn't really worked that way.
It's a debate that has 
played out time and time again in U.S. history: a president is 
considering intervening in an international conflict, Congress wants a 
say. Specifically, congressional opponents want the ability to block the
 intended military action.
Since 1973, the United 
States has used military force in Grenada in 1983, Panama in 1989, Iraq 
in 1991, Haiti in 1994 and Kosovo in 1999. In all those instances, 
presidents -- both Democrats and Republicans -- sidestepped Congress and
 committed U.S. military forces without obtaining Congressional 
approval.
Congress did, however, 
provide Bush with its approval for the war in Iraq in 2002 and the war 
in Afghanistan after the September 11, 2001, terror attacks.
Like a replay of the 
past, some members of Congress are demanding the president seek the 
legislative branch's approval before any action is taken in Syria. But 
it's highly unlikely the president will take that formal step.
Congress complains, 
sometimes loudly, but has rarely done anything about it. It could pass 
laws further restricting the president's authority, but hasn't done so. 
The legislative branch could also withhold funding of any military 
conflict, but that's another avenue it has failed to take. Additionally,
 the judiciary has been reluctant to settle the dispute.
In the White House's 
daily briefing, press secretary Jay Carney said the administration is 
consulting with Congress. Obama "had discussions with relevant members 
of Congress, and leaders of committees and leaders of the Congress at 
large," he said.
In response to Carney's 
statement, Rep. Justin Amash, R-Michigan, who called military action 
without congressional approval "unconstitutional" and is among a group 
of lawmakers who are demanding the president seek their approval, 
tweeted, "yeah right."
But while members are 
likely to write letters, pontificate and even challenge the president to
 seek consent, the president is likely to continue to sit on the winning
 side of the issue.






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