Presidential War Powers and the Murder of bin Ladin

Per the constitution, only Congress may declare a war. The Founders put this in the constitution to prevent a president (also established as the Commander In Chief of the Military by that document) from throwing the country into a war for specious reasons and was the habit of kings working within a monarchy.

Not to be denied, the presidents of the United States continue to engage in such wars, illegally. Not since Franklin Delano Roosevelt has the United States legally engaged in war.

And now, the president of the United States has actually committed murder in the killing of Osama bin Ladin. What right does he have to invade any country, even our own, and, without an order of a court, pursuant to due process of law, search out an individual and kill him.

Could such an action as taken by the president be legally done? I think so, but only under the war provisions of the constitution.

Some will say that the War Powers Resolution of 1973 gives the president such authority. If it does then we have reverted back to the 18th century powers of the Kings of Europe, the very world we revolted against in Lexington in 1775 and condemned with the writing of the Declaration of Independence in 1776.

Alan Colmes interviews Judge Andrew Napolitano discussing the killing of Osama bin Ladin within the framework of constitutional war and presidential powers. (12½ minutes)