dismissed on lack of standing, because the 10 members of Congress did not prove that they represented Congress as a whole.
This time, however, at least 140 members of Congress signed a letter to Obama saying they believed that his actions regarding the Libyan strikes were unconstitutional. Further, on August 28, Speaker Boehner sent a letter asking Obama how Obama's plan for Syria comported with the exclusive power that the Constitution gives Congress over initiating a war.
http://cnsnews.com/news/article/boehner-obama-how-does-syria-plan-comport-exclusive-constitutional-power-congressSpeaker Boehner does definitely have the ability to sue in court over an unconstitutional action by the President. As you may recall, Speaker Boehner did constitute a committee to sue in court on behalf of the House after the D of J refused to defend DOMA in circuits that had already ruled it unconstitutional and no court questioned his standing.
Given both those letters and the wording of the Constitution and the War Powers Resolution, I think Obama and his legal team concluded that he should go to Congress.
However, he continues to maintain he has the authority for the strikes without consulting Congress. And that assertion, I believe, violates the rule of law, in addition to be a horrifying echoc of Nixon at Nixon's very Cambodian bombing and Waterate break in worst.
When you think about it, the irony of hearing Kerry make the case for Nixon's authority to bomb Cambodia without Congressional approval not only reeks of irony, but is nothing short of horrifying.
http://www.volokh.com/2013/01/25/john-kerry-tries-to-distinguish-obamas-bombing-of-libya-from-richard-nixons-bombing-of-cambodia/FYI I read about kerry and Nixon's secret bombing of Cambodia in Kerry's wiki on September 3, 2013, when I wrote my "Geez, Louise" OP about Kerry's having hidden the fact that he was not Irish through his political careere, until a geneaologist revealed it when he ran for President in 2003.
I just searched Kerry's wiki for "Cambodia" and my brower beeped annoyingly to tell me it was not in the wiki anymore. I am not going to read every word of Kerry's wiki again, but I did read the bit about his testifying during the Fullbright hearings after he returned from Vietnam and my browser seems to be correct. If it is, how very sleazy to have deleted mention of Cambodia from his wiki this week, whoever did so.