Bush advised Congress need not approve war

President George Bush has been told by his top legal advisers that he does not need to secure the prior approval of Congress before launching a full-scale war on Iraq.

The news came as Dick Cheney, the Vice-President, gave one of the most belligerent speeches yet by a leading member of the administration against Saddam Hussein – a first attempt to make the political case for a military strike that the President himself has failed so far to lay out.

Speaking at a veterans' convention yesterday, the Vice-President vowed that the Bush administration "won't look away and hope for the best".

The risks of inaction were far greater than those of action, warned Mr Cheney, a leader of the hawkish faction within the administration. "We will take whatever action is necessary."

Addressing a major concern of those urging caution, he said the US would be ready to help with the rebuilding of Iraq, once President Saddam had been removed. He also predicted that President Saddam's removal would be greeted with joy inside Iraq, and would help the spread of democracy across the entire Arab world.

White House officials confirmed that Al Gonzales, the President's counsel, had advised Mr Bush that he already had sufficient authorisation under the Congressional resolution won by his father before he went to war with President Saddam in 1991. The Iraqi leader had still not met the demands of the resolution.

That advice mirrors the argument that an endorsement from the United Nations already exists, in the shape of the string of resolutions passed by the Security Council since 1990, of which President Saddam is still in breach.

The White House also believes Mr Bush can order action under the Congressional resolution of 14 September, approving military action against terrorism. On 1 June, Mr Bush expanded that authority in his West Point speech, saying the US reserved the right to take "pre-emptive" military action against a country threatening its security.

Even so he may well seek some form of approval from Congress, as demanded by many senior lawmakers, to maximise domestic cover for any strike. The same reasoning was followed by George Bush Senior who, despite being assured there was no constitutional requirement for Congressional approval to drive President Saddam from Kuwait, went ahead and secured that approval anyway.

Yesterday, the White House was careful not to rule out that the son would follow the father. Mr Bush would consider "a variety of legal, policy and historical issues if a Congressional vote were to become a relevant matter," his spokesman Ari Fleischer said. In any case, "he intends to consult with Congress because Congress has an important role to play". The fact that a legal opinion has been prepared reflects how serious is the administration in threatening force if necessary to achieve regime change in Baghdad – even though no final decision has been taken, and despite deep misgivings in sections of the President's own Republican party.

On Sunday James Baker, his father's Secretary of State and a prime organiser of the international coalition that drove President Saddam from Kuwait, added his voice to those urging Mr Bush to secure the widest possible international backing before making a move. Mr Baker said: "Although the United States could certainly succeed, we should try our best not to have to go it alone, and the President should reject the advice of those who counsel doing so. The costs in all areas will be much greater, as will the political risks." His successor, Lawrence Eagleburger, warned that "any number of complex questions simply haven't been examined."

Meanwhile, for the first time since the Vietnam War, volunteer reservists and National Guard troops have been told they could be kept on active service for up to two years. Some 15,000 of the 76,000 Guardsmen and reservists – most of them hi-tech specialists – have been notified of the extended tour of duty, protecting airports and US military bases at home and overseas as part of the war on terror. Even during the Gulf War, few of the 265,000 Guard and reservist personnel called up spent more than one year under arms.