As the White House tries to form a strategy to fight ISIS, including possible airstrikes on the terror group's power base in Syria, analysts say President Obama could face potential legal issues if he goes ahead with those airstrikes, especially if he proceeds without Congress' approval.


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Fox News senior judicial analyst Judge Andrew Napolitano appeared on Shepard Smith Reporting today and explained that under the War Powers Resolution of 1973, the president can dispatch American troops anywhere in the world for military hostilities for 90 days.

According to that resolution, the president must only give Congress notice, and, with a few additional requirements, the president can add another 90 days, giving him a total 180 days he can pursue U.S. military action on his own, without the consent of Congress.

“But then, if something goes wrong, the president takes the heat, which is why a lot of presidents since this law came into effect have preferred Congress authorize the military hostilities," Napolitano explained. "So, if something goes wrong, the heat is on them.”

“The question, then, is not a legal one. The president could decimate ISIS tomorrow. Military personnel have stated it could be done in 90 days, and certainly in 180 days.”

Napolitano said the questions are: Does Obama have the political will to take military action? Or, does he prefer Congress takes the political heat? And can it be done in an election year?

Napolitano concluded, “Bottom line: This is up to the personal will and courage of the most unmilitary-like president of the modern era.”

Watch the clip from Shepard Smith Reporting above.


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