As commander in chief the president has a widely recognized and long established power to take emergency action to deal with military and security threats. And the president also has the power to deploy the US military on non-combat operations for humanitarian purposes—for example, when the US Navy responded to the Indian Ocean tsunami. But acts of war against an enemy that does not directly threaten the United States of America or its treaty allies must pass a tougher test. If the president really can launch discretionary military attacks on humanitarian grounds around the world at will, we have an elected dictatorship, not a system of limited powers. Is the President of the United States to be the judge, jury and enforcer of international law even when nothing in either US or international law gives him these powers?

