At Issue: Does President Bush need the approval of Congress before ordering a preemptive military attack against Iraq?

Background: Both President Bush and Vice President Cheney have now urged that a preemptive military invasion of Iraq is needed immediately in order to accomplish two main goals in the war against terrorism:

• The removal from power of Iraqi President Saddam Hussein
• The discovery and destruction of suspected Iraqi facilities being used for the development and production of weapons of mass destruction

What the White House Says: On Aug. 26, White House lawyers issued an opinion that President Bush could order a preemptive attack against Iraq without a vote of approval from Congress. The lawyers based their opinion on two factors:

• The president's constitutional authority as commander in chief of the military (Article II, Sec. 2)
• Terms of the 1991 Gulf War resolution they content remains in effect today
• Terms of the Sept. 14, 2001 congressional resolution approving military action against terrorism (S.J. Res 23)

According to White House spokesman Ari Fleischer, the president would consult with Congress regarding any military attack against Iraq. "In all cases, the president will consult with the Congress because Congress has an important role to play," he said.

Fleischer, however, stopped short of saying whether the president would seek congressional passage of a resolution approving military action, as his father did prior to the 1991 Gulf War.

"The president knows that any decision he makes on a hypothetical congressional vote will be guided by more than one factor, more than legal factors alone," Fleischer told reporters.

"The president would consider a variety of legal, policy, historical factors in making up his mind about this, if it again becomes a relevant matter. The president knows that in a democracy, it's vital to have the support of the public if he reaches any point where he makes decisions about military action," said Fleischer.

What Opponents Say: On Aug. 26, House Minority Leader Dick Gephardt (D-Missouri, 3rd), speaking at a press conference, declared it "imperative" that Congress approve any attack against Iraq.

"This issue is much more than just a legal debate. The president will need the decisive support of the public and their elected representatives in order to initiate and sustain the effort that will be required to eliminate the threat posed by this regime," stated Gephardt.

For example, any expenditure of funds necessary for military actions not already budgeted, such as a long-term U.S. troop presence in Iraq, would require the approval of Congress.  

Sen. Chuck Hagel (R-Nebraska), stated that the issues transcended the "legalities" of sending U.S. forces into battle. "If the president is going to commit this nation to war, he'd better have the support of the Congress and the American people with him." said Sen. Hagel.

Referring to the resolution passed by Congress authorizing U.S. military action in the 1991 Gulf War, Sen. Patrick Leahy (D-Vermont), stated, "For the good of the country and for the long-term success of whatever approach we take, President Bush should follow his father's lead and support a vigorous and constructive debate on Iraq."

Opponents also argue that requiring President Bush to seek Congressional approval would give him an opportunity to garner public support for an attack against Iraq by fully explaining the needs for the action.

What the War Powers Act of 1973 Says: Passed by Congress over President Nixon's veto, the War Powers Act of 1973 requires the president to "consult" with Congress before "introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances," and to notify Congress within 48 hours of any U.S. troop commitment or deployment.

The Act also requires the president to end U.S. military participation in such hostilities within 60 days without a congressionally approved declaration of war or resolution extending the of use armed forces.

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