From: The New American

Obama Adm. Will Seek “International Permission” for Going to War

“What kind of legal basis are you looking for? What entity?” asked Sessions.

“If NATO made the decision to go in, that would be one,” said Panetta. “If we developed an international coalition beyond NATO then some kind of U.N. Security Resolution…”

 “So you are saying NATO would give you a legal basis … and an ad hoc coalition of the United Nations would provide a legal basis?” Sessions asked. “Well who are you asking for the legal basis from?”

“If the UN passed a Security Resolution as it did with Libya, we would do that,” the Defense Secretary answered. “If NATO came together as it did in Bosnia, we would rely on that, so we have options here if we want to build the kind of international approach dealing with the situation.”

“I’m all for having international support,” Sessions conceded, “but I’m really baffled by the idea that somehow an international assembly provides a legal basis for the United States military to be deployed in combat. I don’t believe it is close to being correct. They provide no legal authority. The only legal authority that is required to deploy the United States military is the Congress and the President and the law and the Constitution.” Panetta’s response was interesting more for what it did not say than for what he said.

“Let me for the record be clear again,” he replied. “When it comes to the national defense of this country, the President of the United States has the authority under the Constitution to act to defend this country and we will.” The Secretary neatly sidestepped the Senator’s point about the power and responsibility of Congress under the Constitution to decide whether and when to wage war. Panetta’s response suggests the President can unilaterally commit the nation to war, even in the in the absence of an actual or imminent attack upon the United States. That runs counter to both the text and history of the Constitution, which names the President as commander in chief of the armed forces, but delegates to Congress the power to declare war.

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