(CNSNews.com) - Rep. Scott Rigell (R.-Va.)--who served six years in the Marine Corps Reserves, sits on the House Armed Services Committee, and represents the congressional district with the largest concentration of military personnel of any in the nation--said today he is calling on House Speaker John Boehner to call the House back into session to prevent President Barack Obama from usurping Congress’s constitutional authority to authorize—or not authorize—the use of military force in Syria.

“He should be calling the House back right now,” Rigell said of Boehner. “I will be clear on this.”

"I do have a call scheduled with one of our senior leaders this afternoon and I will be making that case," said Rigell. "I think we're at this point, and I regret that we're at this point. But that is where we are."

Rigell sent a letter to President Obama today—co-signed by a bipartisan group of “over 100” House members--reminding the president that it is “clearly delineated” in the Constitution that the president must seek congressional authorization before using military force unless the use of force is needed to protect the United States from an attack.

“While the Founders wisely gave the Office of the President the authority to act in emergencies, they foresaw the need to ensure public debate—and the active engagement of Congress—prior to committing U.S. military assets,” Rigell wrote. “Engaging our military in Syria when no direct threat to the United States exists and without prior congressional authorization would violate the separation of powers that is clearly delineated in the Constitution.”

Obama expressed precisely this view of the constitutional war power when asked about the matter by the Boston Globe in an interview that was published on Dec. 20, 2007.

“The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation," Obama said at that time.

The draft language that the Constitutional Convention discussed on Aug. 17, 1787, according to notes that were taken that day by James Madison, gave Congress the power to “make war.” Madison himself and Elbridge Gerry of Massachusetts "moved to insert 'declare,' striking out 'make' war; leaving to the Executive the power to repel sudden attacks." The convention accepted this change and the argument for it.

George Washington, who presided over the Constitutional Constitution, acted on this understanding of the war power when he was president. In 1793, Washington wrote: "The Constitution vests the power of declaring war with Congress, therefore no offensive expedition of importance can be undertaken until after they shall have deliberated upon the subject, and authorized such a measure."

Rigell said George Washington's understanding of the war power is reflected in the letter he and his colleagues have sent to the president.

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