Barack Obama overruled the advice of administration lawyers in deciding the US could continue participatingin the Libya conflict without congressional approval.
The White House insists the president did not need congressional approval to authorise US support for Nato's mission, because the military campaign is limited in scope.
Critics argue the action violates a Vietnam War-era law limiting military action without congressional approval to 60 days.
Pentagon General Counsel Jeh Johnson and acting head of the justice department's Office of Legal Counsel Caroline Krass had advised Obama that the US involvement in the Libya air campaign constituted "hostilities".
But the US president opted to follow the advice of White House counsel Robert Bauer and state department legal adviser Harold Koh, who argued the US involvement fell short of "hostilities.
US presidents can override the legal conclusions of the Office of Legal Counsel, but it is very rare for that to happen, analysts say.
The War Powers Resolution of 1973 states Congress must authorise participation in hostilities longer than 60 days, although the president can seek a 30-day extension.
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