President Obama will lay out his ISIS strategy in a 9 p.m. address tonight, and he reportedly told top lawmakers yesterday that he does not need Congress to sign off on military action against the terror group.

Judge Andrew Napolitano appeared on Shepard Smith Reporting this afternoon and said there’s currently a lot of division on Capitol Hill.

According to Judge Nap, there is a coalition of liberal Democrats and libertarian Republicans who believe the president does not have the authority to do this on his own, and if he does, he must do it pursuant to an act of war declared by Congress.

The Republican leadership in Congress and the president himself do not want that to happen because it would lead to Congress putting restrictions on the campaign and basically telling the president how to wage war.

Judge Nap said Obama will likely cite the 1973 War Powers Resolution, which gives the president authorization to deploy American military for up to 180 days.

He said that Obama's military, intelligence and diplomatic advisors have told him that he cannot win the war against ISIS in 180 days, and he cannot lawfully pursue any military action whatsoever after 180 days.

Judge Nap said Obama should go to Congress and have them declare war, so that he is legally and constitutionally covered. But, according to Judge Nap, he won’t do that.

“If Barack Obama, as the president of the United States, wants to bring America to war, for good or for evil, to kill these evil people whether it’s wise or not, he should do it lawfully and constitutionally. And that means not on his own,” Judge Nap concluded.

Watch the clip from Shepard Smith Reporting above.