There is uncertainty even among constitutional scholars as to when it is lawful for the president of the United States to commence hostilities with a foreign country without congressional approval. Laying that aside, there’s a new constitutional question that is likely to arise and no one I’ve heard in the media or anyplace else has asked this question.
“After seeking the authorization from Congress to commence hostilities against a foreign country and Congress votes to deny that authorization, is it unconstitutional for the president to commence hostilities regardless of the congressional resolution to deny?”
The point being, has there yet been precedent set or constitutional authority granted for a president to initiate hostilities against a foreign country after Congress votes to deny said authorization? If so, does the president now have the power to override any congressional resolutions or law?
If so, are we now repeating history by evolving from a republic to a democracy to a dictatorship?
I humbly suggest that this point be presented to the Supreme Court immediately in order to obtain an injunction, assuming Congress denies authorization, against Obama commencing hostilities before a Supreme Court ruling.