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Can Congress act unilaterally in declaring war on the Islamic State?

That’s what Neil Cavuto asked this afternoon as he was joined by Judge Andrew Napolitano.

“We may actually find out,” replied Judge Napolitano.

Rep. Ted Poe (R-Texas) this afternoon introduced legislation that would require the government to invoke Clause 5 of the NATO Treaty, effectively saying that “an attack on France is the same as an attack on the United States,” said Judge Napolitano.

The proposal comes on the heels of President Obama’s announcement this morning that the U.S. would not be changing its official strategy to battle the Islamic State.

Should the bill pass and later be met with a veto from Obama, it would be “unprecedented in American history,” Judge Napolitano noted.

“We have never, ever, ever had a Congressional declaration of war and a president refuse to move on it,” he said.

“Under the Constitution, Congress declares war and the president wages war,” the judge explained. “Usually the president asks for a presidential declaration of war.”

He pointed out, however, that Congress is currently run by a Republican majority.

Hear more of what could happen next above.

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