A bipartisan consensus is emerging as the hyped ISIS threat to America develops – Obama need not follow the Constitution and consult Congress as he moves to attack ISIS in Iraq and Syria.

Republican Rep. Peter King of New York and Democrat Rep. Adam Smith of Washington agree the Constitution is pretty much irrelevant now that the war on terror has entered yet another phase.

King told ABC News Obama has the authority to wage war without congressional approval. Article One, Section 8, however, makes it clear only Congress has the authority to declare war.

On no less than 125 occasions, the president has acted without congressional approval or express military authorization.

Instead of obeying the Constitution and going through Congress, the executive now prefers military engagements authorized by the United Nations, as it did in Libya.

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