As Commander-in-Chief, the President does have a duty to protect and defend the United States. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action.
Except Libya, or when I'm president, he forgot to add.
I also reject the view, suggested in memoranda by the [Bush] Department of Justice, that the President may do whatever he deems necessary to protect national security.
....but hey, do what you want....you will anyway.
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