cries from the Republicans that he left an American soldier to die. They would have made a fuss no matter what Obama did.

Article I, section 8 of the Constitution grants the authority to Congress to "make rules concerning captures on land and water."

There is some question as to whether the captures clause applies to captures of people and not just property during war, but Obama might have been smart to follow the law that required him to report what he was planning to Congress.

On the other hand, Obama is the commander in chief and has the authority to make decisions about many things during a war.

But politically, Obama probably should have consulted with Congress.

Then again, maybe not because the Republicans in Congress would have just caused trouble no matter what happened.