"The vibrant debate among legal scholars regarding the domestic and international law basis for U.S. military action against ISIS is partly due to the fact that the Administration has yet to provide the public with a clear, comprehensive legal analysis of its power to use military force against ISIS. As a general principle, when a President puts our troops in harm’s way for a sustained period of time, it is advisable for him to propose, consult with, and obtain express authorization from Congress. That consultation and debate should be public, not buried in a continuing resolution or other must-pass legislation. Sending our troops into war requires a sober, deliberate debate that is not influenced by electoral politics.
A Framework for an Authorization for Use of Military Force Against ISIS