American President Barack Obama would commit an impeachable offense if he used military force in Iraq prior congressional approval but he could circumvent the law, Paul Findley, former US congressman and one of the original authors of The War Powers Resolution, told RIA Novosti.
"The word emergency is very elastic. If [Obama] declared new intelligence required him to renew combat operations he might argue it demanded emergency action," he said.
"The War Powers Resolution is only as good as Congress insists it be," Findley told RIA Novosti.
Some recent reports speculate that Obama will be very reluctant to use military force in Iraq, while others draw the parallel of how US involvement in Vietnam began with the commitment of military advisors.
"Obama may be reluctant to bomb anybody at this point. If so, he could ask for advance congressional approval. A I believe Congress would say no and this would take Obama off the hook," Findley concluded.
On Thursday, the key author of the War Powers Resolution - which checks the president's power to launch military attacks warned in a statement that an attack on Iraq would violate US law.
"Just as with threats to attack Syria last year, an attack on Iraq would violate the Constitution and the War Powers Resolution. As with any president, [President Obama] commits an impeachable offense if he does not follow the Constitution," Paul Findley said.
The 1973 War Powers Resolution limits the President's ability to commit US armed forces into hostilities except under conditions of an official declaration of war, authorization by Congress, or a national emergency created by an attack on US territories, possessions, or its armed forces.
On Wednesday, Tehran formally asked the US to launch air strikes against the Islamic State of Iraq and Syria (ISIS), a jihadi group in control of large swaths of land in northern and central Iraq.
Hundreds have died in Iraq since the start of an Islamist military offensive earlier this month.
The ISIS insurgents captured major cities of Mosul and Tikrit, and are now allegedly preparing to launch an offensive against Baghdad. Facing heavy fighting, Iraqi troops fled the area. Many soldiers have been taken hostage or executed by the insurgents.
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