The Congress shall have Power ...To declare War-Article I, section 8 of the US Constitution
Christopher Manion at LRC Blog quotes the Washington Times:
"The United States has prepared basic plans to attack Syria to stop President Bashar Assad from killing unarmed anti-government protesters, the chairman of the Joint Chiefs of Staff said Wednesday."
“We have looked at a number of options that could be involved here,” Army Gen. Martin Dempsey told the Senate Armed Services Committee."
Then he asks: Uh, General, didn't you swear an oath to "support and defend the Constitution of the United States against all enemies, foreign and domestic"? Haven't you read Article I of the Constitution, where it states that only Congress, not you, not the White House, and not a foreign entity, has the power to declare war?
Obama Admin Cites 'Int'l Permission,' Not Congress, As 'Legal Basis' For Action In Syria
WASHINGTON, March 7—Under question from Sen. Sessions at a Senate Armed Services Committee hearing today, Defense Secretary Leon Panetta and Joint Chiefs of Staff Chairman Gen. Martin Dempsey indicated that "international permission," rather than Congressional approval, provided a 'legal basis' for military action by the United States.