Re: "The U.S. Should Act"
Oh, dear.
Alright, folks, let me give you a brief primer on international relations under the U.S. Constitution.
First, hunboldt is mostly right. All this amateur interpretation of the Constitution is just politics. Here is the real skinny. . .
1. The Constitution gives Congress the power "to declare War." U.S. Const., Art. I, sec. 8, cl. 10.
2. The Constitution makes the President Commander-in-Chief of the Army and Navy. U.S. Const., Art. II, sec. 2, cl. 1.
3. The U.S. Supreme Court has been very cautious in interpreting these provisions in the Constitution, such that it basically hasn't ruled on the respective powers of the Congress and the President in military actions.
4. Everything else is pure BS. The Gulf of Tonkin Resolution, the Authorization of the Use of Military Force in Iraq, and the Authorization of the Use of Military Force Against Al Qaeda are all cast in precisely the same format as the Declaration of War in WWII, i.e., as a joint resolution of Congress. (A joint resolution means that both the House of Representatives and the Senate have voted to approve the resolution. It is less than an Act of Congress, but the next-best thing in lawmaking.)
5. There is NOTHING in the Constitution that requires a declaration of war to say "Declaration of War" at the top in 24-point Gothic typeface. How the Congress declares war is left undefined.
6. The courts have typically held that the conduct of foreign affairs is exclusively in the powers of the President, except where the Constitution specifies that the President must seek Congressional approval, as in the approval (NOT "ratification") of treaties and the declaration of war).
Because of this, LEGALLY the President can deploy and employ the Army and Navy (and presumably the Air Force and possibly the future Space Force) as he pleases. Whether or not he needs a declaration of war has never been tested.
ALL of this is "a political question," which is the phrase the Supreme Court uses when it wants to stay the hell out of the issue. There is almost NO definitive law as to when or if the President needs the approval of Congress to go kill people and blow sh*t up.
The so-called War Powers Act, which is actually the War Powers Resolution, has never been tested in the courts.
So, yeah, it's an open question. Anybody who cites this or that "law" in the debate is ignorant, a fool, or a partisan hack.
End of.