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SlateCan the president of the United States wage war without congressional approval, as long as he uses drones to do the killing?
The Obama administration seems to think the answer is yes.
Two weeks ago, in a report to Congress, the administration claimed that:
urrent U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of "hostilities" contemplated by the Resolution's 60 day termination provision. … U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof, or any significant chance of escalation into a conflict characterized by those factors.
(snip)
Koh told Lugar, "When the statute talks about the introduction of U.S. armed forces into hostilities, and what you are sending in is an unmanned aerial vehicle high in the sky, it's not clear that that provision was intended to apply to that particular weapon." An hour later, in an exchange with Sen. Chris Coons, D-Del., Koh added: "If we are concerned about unmanned uses of weapons that can deliver huge volumes of violence, a statute which only deals with the introduction of U.S. armed forces does not address that situation."
more: http://www.slate.com/id/2298116/