Bruce Ackerman and Oona Hathaway. “The War’s Expiration Date”. Washington Post. April 5, 2008 – “U.S. military intervention is authorized under the second prong of the 2002 resolution. This authorizes the president to “enforce all relevant United Nations Security Council resolutions regarding Iraq.” This has allowed the Bush administration to satisfy American law by obtaining a series of resolutions authorizing the United States to serve as the head of the multinational force in Iraq.
But here’s the rub. The most recent U.N. resolution expires on Dec. 31, and the administration has announced that it will not seek one for 2009. Instead, it is now negotiating a bilateral agreement with the Iraqi government to replace the U.N. mandate.
Whatever this agreement contains, it will not fill the legal vacuum. That’s because the administration is not planning to submit this new agreement to Congress for its explicit approval. Since the Constitution gives the power to “declare war” to Congress, the president can’t ignore the conditions imposed on him in 2002 without returning for a new grant of authority. He cannot substitute the consent of the Iraqi government for the consent of the U.S. Congress.”