<p>In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites – a situation that does not involve stopping an IMMINENT threat?)</p>
<p>The President has the solemn duty to defend our Nation. If the country is under truly imminent threat of attack, of course the President must take appropriate action to defend us. At the same time, the Constitution requires Congress to authorize war. I do not believe that the President can take military action including any kind of strategic bombing against Iran without congressional authorization. That is why I have supported legislation to bar President Bush from doing so and that is also why I think it is irresponsible to suggest, as some have recently, that anything Congress already has enacted provides that authority.</p>
<p>None.</p>
<p>The Constitution assigns to Congress, not to the President, the power to declare war. However, in the case of an imminent threat, when there is no time to go to Congress, the Commander in Chief may, and indeed must, act to protect the United States. Given that the Iranian nuclear program does not pose such an imminent threat, if the President believed it was in the US national interest to attack Iranian nuclear sites, he should seek prior authorization from Congress.</p>
<p>A President must always act in the best interests of the United States to protect us against a potential threat, including a nuclear Iran. Naturally, it is always preferable to seek agreement of all leadership of our government as well as our friends around the world where those circumstances are available.</p>
<p>The candidate declined to answer this question.</p>
<p>As I’ve said many times, we do not need a march to war with Iran. I strongly oppose George Bush’s doctrine of “preventive war” and believe that force always should be an option of last resort. I opposed the recent Kyl-Lieberman bill declaring Iran’s Revolutionary Guard a terrorist organization, which I believed was the first step on the administration attacking Iran. I believe that the 2002 bill authorizing force in Iraq does not in any way authorize the use of force in Iran.</p>
<p>Well he doesn’t. But if there is an imminent threat, the president has to act in America’s security interest.
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.</p>
<p>As Commander-in-Chief, the President does have a duty to protect and defend the United States. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action.</p>
<p>As for the specific question about bombing suspected nuclear sites, I recently introduced S.J. Res. 23, which states in part that any offensive military action taken by the United States against Iran must be explicitly authorized by Congress. The recent NIE tells us that Iran in 2003 halted its effort to design a nuclear weapon. While this does not mean that Iran is no longer a threat to the United States or its allies, it does give us time to conduct aggressive and principled personal diplomacy aimed at preventing Iran from developing nuclear weapons.</p>