Rand Paul: War on ISIS 'is now illegal'

By Ashley Killough, CNN

November 10, 2014 -- Updated 1618 GMT (0018 HKT)

STORY HIGHLIGHTS

Washington (CNN) -- Sen. Rand Paul declared the war against ISIS "illegal" in a new opinion piece Monday, urging conservatives to speak out against President Barack Obama's decision not to seek congressional authorization for military action against the terrorist group.

"This war is now illegal. It must be declared and made valid, or it must be ended," the Kentucky Republican wrote in an op-ed published Monday by the Daily Beast.

The U.S. began airstrikes in Iraq in early August and in Syria in September, citing a 2001 measure known as the Authorization for the Use of Military Force (AUMF) as the president's legal basis for going after terrorist threats.

Paul cites the War Powers Resolution of 1973 in stressing his long-held position that all military action must be approved by Congress. The exception is when a situation is considered urgent. In that case, a president has 60 days to get authorization after military action. If there's no approval from Congress, the president has 30 days to end the mission.

Rand Paul plants feet between both sides of foreign policy debate

While Paul said he doesn't think the War Powers Resolution specifically applies to the ISIS situation -- because the U.S. had not been attacked -- he notes that even if it did, the president's time would be up.

"Taking military action against ISIS is justified. The president acting without Congress is not," he wrote, reiterating a stance he's held since September. This fall Paul has described the airstrikes in Syria as appropriate action but said Obama's method for doing so was "unconstitutional."

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Rand Paul: War on ISIS 'is now illegal'

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