Programming Note: Former Vice President Dick Cheney sits down with Sean Hannity to give his take on the latest military action in Syria. Don't miss a "Hannity" exclusive, Wednesday at 10p ET.

Are U.S. airstrikes inside Syria - which began last night with help from five Arab allies - legal according to the Constitution?

Steve Doocy asked Judge Andrew Napolitano this morning and the judge argued that President Obama has once again shown a "contempt for the Constitution," which clearly states that only Congress can declare war.

"He doesn't care about the law. ... He wants to win votes for Democrats, which is probably why he's doing this now," he said.

Napolitano pointed out that the president waited until Congress was out of session and could have asked for a resolution last week while lawmakers were in D.C.

He argued that a resolution from Congress to attack ISIS targets in Syria would have likely included some sort of restriction on what areas can be bombed or how long the campaign can last.

"Now, Congress has an out. They don't have to do anything. The president gets his war. The Democrats can say, 'we're as strong on war as the Republicans are.' He could even pull off some sort of an October surprise if he wants."

The judge noted that the legal argument being used is that war powers given to the president after 9/11 apply to ISIS in Iraq and Syria. That statute allows for 180 days of attacks, the judge explained.

"It's a terrible situation because neither the president nor the Congress are interested in following the Constitution, which they all swore an oath to uphold," said Napolitano.

Napolitano said Congress continues to act like a "potted plant" instead of taking on the president and demanding he act with their approval.

He argued that Obama's authorization of airstrikes on Libya destroyed that country and "arguably" created the instability that led to the Sept. 2012 Benghazi attack.

"He is the first president in American history repeatedly to use the military without even asking for Congressional authorization," said Napolitano.

Watch his full analysis above.