NEW YORK (CBSNewYork) – President Barack Obama will address the country’s involvement in Libya on Monday night, but at least one New York lawmaker is upset the commander-in-chief did not consult Congress before committing to the cause.

Congressman Jerrold Nadler is now criticizing the president for involving the Unites States in Libya without congressional approval.

“Secretary [Robert] Gates said yesterday this is a war of choice and it is. I do not believe the president has the right to make that decision. I do not believe he has the constitutional authority to commit this nation to war in the absence of an immediate threat,” Nadler said.

The New York Democrat said Congress should have been called back into session immediately and that the body would have undoubtedly voted to support the president.

Nadler contends the deaths in Libya were “normal casualties from a civil war.” He added that he was willing examine evidence from the administration that suggested otherwise.

“We are supposedly involved in Libya to prevent massacres, well maybe. I’ve not seen any evidence there were going be any massacres,” Nadler said.