Bush can go to war, doesn’t need permit

Whatever the White House decides about its obligations under the War Powers Resolution of 1973, some House and Senate leaders appear determined to push resolutions of support for ousting Iraqi President Saddam Hussein when Congress returns after Labour Day because they consider the issue too grave for Congress to be sidestepped.

Administration officials say privately military strikes against Saddam’s regime are virtually inevitable, although the specifics have not been decided and action is not imminent. Bush has said he will consult lawmakers before deciding how to proceed but has stopped short of saying he will request their approval.

The difference between getting legislators’ opinions, as opposed to their permission, could lead to a showdown this fall between Congress and the White House. ‘‘We don’t want to be in the legal position of asking Congress to authorise the use of force when the President already has the authority,’’ said a senior administration official involved in setting the strategy. Harold Hongju Koh, an assistant secretary of state in the Clinton administration, called it shortsighted for the administration to try to avoid a full congressional debate about such an expensive and perilous operation. ‘‘The constitutional structure tries to make war hard to get into, so the President has to show leadership and make his case to elected representatives,’’ Koh said.

Whether to secure formal congressional support is among many questions confronting Bush as he decides on a course of action toward Iraq. The President has strongly signaled his interest in toppling Saddam’s regime, in large measure because of what officials describe as the country’s pursuit of weapons of mass destruction. But Bush has not settled on the kind of military attack, nor has he mounted a full-blown effort to line up support from allies or the public.

Inside the White House, a debate over some issues has been underway for a while. A legal review is largely complete, officials said, with the consensus emerging that Bush would not be legally bound to obtain approval.

In making this case, officials point first to the Constitution’s designation of the President as commander-in-chief. Administration officials also cite the 1991 Persian Gulf resolution authorising the use of military force against Iraq. (LATWP)