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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. 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. 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.”
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In response to a question "In what circumstances would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress?"
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Boston Globe questionnaire on Executive Power, December 20, 2007.

 

Barack Obama

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If President Obama had consulted Congress, as our Constitution requires him to do, perhaps we could have debated these questions before hastily involving ourselves in yet another Middle Eastern conflict. While the President is the commander of our armed forces, he is not a king. He may involve those forces in military conflict only when authorized by Congress or in response to an imminent threat. Neither was the case here.

 

Rand Paul

 

We cannot simply speak out against an escalation of troops in Iraq, we must act to prevent it... There can be no doubt that the Constitution gives Congress the authority to decide whether to fund military action, and Congress can demand a justification from the president for such action before it appropriates the funds to carry it out.

 

Edward (Ted) Kennedy

 

Vice President Cheney has been the most dangerous vice president we've had probably in American history. The idea he doesn't realize that Article I of the Constitution defines the role of the vice president of the United States, that's the Executive Branch. He works in the Executive Branch. He should understand that. Everyone should understand that. And the primary role of the vice president of the United States of America is to support the president of the United States of America, give that president his or her best judgment when sought, and as vice president, to preside over the Senate, only in a time when in fact there's a tie vote. The Constitution is explicit. The only authority the vice president has from the legislative standpoint is the vote, only when there is a tie vote. He has no authority relative to the Congress.

 

Joseph (Joe) Biden

 

Congress was right in not limiting, by its reconstruction acts, the right of suffrage to whites; but wrong in the exclusion from suffrage of certain classes of citizens and all unable to take its prescribed retrospective oath, and wrong also in the establishment of despotic military governments for the States and in authorizing military commissions for the trial of civilians in time of peace. There should have been as little military government as possible; no military commissions; no classes excluded from suffrage; and no oath except one of faithful obedience and support to the Constitution and laws, and of sincere attachment to the constitutional Government of the United States.

 

Salmon P. Chase

 

[Q: can you conceive of any form in which you might support American military action taken, like the President's justification, in anticipation of an imminent and dangerous threat?] Why don't you generalize it, and say, can you conceive of any action which any state might take? Sure, you can imagine such things. Let's say you're in Iran right now. [audience laughter] It's under attack by the world's superpower, with embargoes... It's surrounded by states either occupied by its superpower enemy, or having nuclear weapons. Little way down the road is the regional superpower, which has hundreds of nuclear weapons, and other WMDs, and is essentially an offshore US military base. And has a bigger and more advanced air force than any NATO power, outside the United States. And in the past year has been supplied by the global superpower with 100 advanced jet bombers, openly advertised as able to fly to Iran and back to bomb it. And also provided with what the Hebrew press calls special weaponry, nobody knows what that means, but if you're an Iranian intelligence analyst you're going to give a worst case analysis, of course. And has actually been publicly provided with smart bombs, and deep penetration weapons... They have a terrific justification for anticipatory self defense, better than any other case I can think of. But would I approve of their bombing Israel, or carrying out terrorist acts in Washington? No, even though they have a pretty strong case, better than anything I can think of here. Just as the Japanese had a much better case than any that I can think of here, but I don't approve of Pearl Harbor. So yeah, we can conceive of cases, and in fact some of them are right in front of our eyes, but none of us approve of them. None of us. So if we don't approve of them in real cases, why discuss hypothetical cases that don't exist? We can do that in some philosophy seminar, but in the real world there're real cases that ought to concern us.

 

Noam Chomsky