Since ISIS poses a new problem for the president, the War Powers Resolution of 1973 requires him to seek a new mandate from Congress. The resolution, enacted over President Richard M. Nixon’s veto at the end of the Vietnam War, requires the president to obtain congressional assent within 60 days of commencing “hostilities”; if he fails, he must withdraw American forces within 30 days.
The administration gave Congress the requisite notice on Aug. 8 that it had begun bombing ISIS, and so the time for obtaining approval runs out on Oct. 7. But Mr. Obama and his lawyers haven’t even mentioned the War Powers Resolution in announcing the new offensive against ISIS — there is no indication that he intends to comply with this deadline. . . .
In 2011, when Mr. Obama continued to bomb Libya after the 60-day limit, his lawyers argued that America’s supporting role in the NATO campaign was not substantial enough to quality as “hostilities” under the 1973 resolution. This claim provoked howls in Congress and the legal community, but the death of the Libyan dictator, Col. Muammar el-Qaddafi, took the steam out of the debate before it could be resolved.
Even if the Obama line on Libya were accepted, however, it fails to justify his current move. Rather than “leading from behind” by backing NATO, Mr. Obama is now taking the lead in an open-ended campaign, extending from Iraq into Syria, that could last years. If this isn’t commencing “hostilities,” what is?