Rand Paul: Obama’s ISIS war is ‘illegal’

Sen. Rand Paul (R-Ky.) is calling President Obama’s war against the Islamic State in Iraq and Syria “illegal” and urging Congress to act in a new op-ed.

“Taking military action against ISIS is justified,” Paul wrote in The Daily Beast on Monday. “The president acting without Congress is not.”

{mosads}”This war is now illegal,” Paul he continued. “It must be declared and made valid, or it must be ended. Congress has a duty to act, one way or the other.”

Paul, a likely 2016 presidential contender, has long joined other lawmakers on both sides of the aisle in calling for Congress to vote on authorizing action against ISIS. 

The senator has tried to balance his support for a less interventionist foreign policy with support for tough action against the terror group.

In the op-ed, Paul cited Yale professor Bruce Ackerman, arguing that the war is illegal because the 90-day deadline for congressional authorization under the War Powers Resolution has expired.

The Obama administration argues it already has congressional authority for action against ISIS following the Sept. 11 attacks. But Obama said last week that he would seek a new authorization from Congress. 

Paul said that conservatives had opposed Obama’s executive actions on ObamaCare and immigration and should do the same to rein in his foreign policy.

“Conservatives have rightly decried President Obama’s unconstitutional executive action on Obamacare — and his promises to do the same with immigration,” Paul wrote. “With both branches of Congress now under Republican control, we should act to halt those power grabs, too.

“But conservatives can’t simply be angry at the president’s lawlessness when they disagree with his policies,” he added. “They should end their conspicuous silence about the president’s usurpation of Congress’ sole authority to declare war — even if (especially if) they support going after ISIS, as I do.”

Possible Republican primary opponents including Texas Gov. Rick Perry and former Sen. Rick Santorum (Pa.) have accused Paul of being an “isolationist,” taking aim at his foreign policy.

Paul denied those charges, arguing for what he calls a “conservative realism.”

He hit back against “interventionist” Republicans in the op-ed Monday, saying they are too close to the broad war-making powers advocated by Secretary of State John Kerry. 

“Prominent Republicans from the interventionist wing of the party parrot and applaud Kerry’s position,” Paul writes. “If ever there was too much bipartisanship, it would be the bipartisan acceptance of unlimited presidential war-making power.”