As the world waits to see if the United States will take military action against Syria for using chemical weapons, the issue of boots on the ground has come up several times. Secretary of State John Kerry stated earlier: “There is nothing in this authorization that should contemplate it.”

Today on Your World with Neil Cavuto, Fox News senior judicial analyst Judge Andrew Napolitano discussed the “wiggle room” in Secretary Kerry’s remark. The judge charged that he was “misleading the Congress” because “when you send missiles into a country, you need boots on the ground to guide the missiles where they’re going to land.”

Judge Napolitano explained that the government considers military troops and CIA personnel out of uniform not to be “boots on the ground.”

Calling the language of the Senate resolution “intentionally vague,” he told Cavuto that it’s “inconceivable” that President Obama and his Republican allies in the Congress would launch a missile strike without some American boots in Syria.

The constitutional issue, Judge Napolitano pointed out, is that if Congress gives the president authorization to use military force, they cannot tell the president tell how to wage war. “If the Congress gives him the authorization to send missiles, he can put troops on the ground. […] If he stays beyond 90 days, it will require a two-thirds vote of both houses of Congress to get those troops off the ground.”