Washington (CNN) - As U.S. military action in Libya approaches the 60-day mark this Friday, does the Congress need to vote to continue that involvement to comply with the War Powers Act?
Sen. John Kerry, D-Massachusetts, the chairman of the Senate Foreign Relations Committee, said Tuesday he is "talking to the administration" about what exactly Congress and the White House might do to abide by the 1973 law which says Congress must authorize any military action that lasts more than 60 days.
"We want to make sure we're not stretching anything inappropriate. So we're looking at some language," Kerry said as he entered a weekly policy lunch in the Capitol with Democratic senators. "We're really looking at it very seriously to keep everyone on the same page."
Sen. John McCain, R-Arizona, a vocal advocate of U.S. military support for the Libyan rebels, has been in talks for weeks with Democrats and Republicans about a resolution backing the Libya mission - but perhaps something short of voting on a War Powers resolution. He said Tuesday that congressional leadership has not shown an "inclination" to vote on something.
McCain said he doesn't believe the War Powers Act is constitutional and therefore he doesn't believe the president needs congressional authorization to continue the mission.
"I've never recognized the constitutionality of the War Powers Act, nor has any president, either Republican or Democrat," McCain said.