Supreme Court nominee Samuel Alito said US law is unclear as to whether President George W. Bush could launch a military invasion of Iran or Syria without congressional approval.

It's really kind of important whether or not you think the president does not need the authority of the United States Congress to wage a war where there is not an imminent threat against the United States.

US Democratic Senator Joseph Biden

"The constitution divides the powers related to making war between the president and the Congress. It gives Congress the power to declare war. It gives Congress the power of the purse," Alito said during his Senate confirmation hearing.

However "the president has the power of a commander-in-chief," Alito told members of the Senate Judiciary Committee.

Alito's remarks came in response to a hypothetical question asking if he believed the US president would have to secure approval from lawmakers in Congress before launching an invasion of Syria or Iran.

"There's been general agreement ... to support the authority of the president to take military action on his own in the case of an emergency, when there is not time for Congress to react," Alito said.

He said, however, that US law is less clear on the subject on what is to occur if the executive and legislative branches of the US government collide.

"That's a question that I don't think is settled," he said, adding that he has not studied the question in depth.

"The whole issue of the extent of the president's authority to authorize the use of military force without congressional approval has been the subject of a lot of debate."

Democratic US Senator Joseph Biden nevertheless prodded Alito for his position on the issue.

"It's really kind of important whether or not you think the president does not need the authority of the United States Congress to wage a war where there is not an imminent threat against the United States," Biden said.

Biden, the top Democrat on the Senate's Foreign Relations Committee, said that the Bush administration argues that the president is not constitutionally required to obtain congressional approval for launching military action.

"That's a pretty central question," Biden said.

"That means the president, if that interpretation is taken, can invade ... Syria tomorrow. Or invade Iran tomorrow, without any consultation with the United States Congress.

"That's a pretty big deal," said Biden.

Alito, 55, a US appeals court judge, appeared this week before the US Senate's Judiciary Committee which is reviewing his nomination to fill a US high court seat being vacated by departing Justice Sandra Day O'Connor.

Copyright © 2006 Agence France Presse

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