Trump launched an attack on Iran without a formal congressional authorization, continuing a modern presidential tradition of ignoring the delegation of powers outlined in the Constitution.
President Donald Trump’s decision to bomb Iranian nuclear facilities has raised questions about his legal authority to initiate military action. The president acted unilaterally, without congressional authorization, prompting concerns about the legality of his strikes against Iran.
However, the answer to whether the President needed congressional authorization before launching strikes against Iran hinges on a combination of statutory laws and decades of evolving practice that govern congressional authorization for war-making in the United States.
Who Has the Power to Declare War?
According to Article I, Section 8 of the Constitution, Congress is given the explicit power to declare war, grant letters of marque and reprisal, raise and support armies, provide and maintain a navy, make rules for the regulation of the military, call forth the militia, and fund or defund military actions.
Meanwhile, the president is named under Article II, Section 2 as the Commander in Chief of the Armed Forces, which grants him operational and tactical control of military forces but not the unilateral power to declare war.
In the early days of the Republic, Congress and the president often adhered to the Constitution’s dictates—with Congress declaring war five times between the War of 1812 and World War II. During this time period, presidents generally sought formal declarations of war before sustained military action, as per the letter of the law.
However, the Korean War marked a substantial shift, as President Harry Truman sent US troops to Korea without a congressional declaration. The president instead relied on a UN Security Council authorization, a move that marked the beginning of executive war-making without formal congressional approval.
The Evolution of the War Powers Act
Congress passed the War Powers Resolution in 1973—a law designed to constrain the president’s power to commit US forces to armed conflict without congressional consent. Key provisions in the law include that the President must notify Congress within 48 hours of introducing troops into hostilities; military engagement must end within 60 days (with a 30-day withdrawal window) unless Congress authorizes it; and Congress can force a troop withdrawal via a concurrent resolution. Presidents from both political parties have argued that the War Powers Resolution is an unconstitutional infringement upon executive powers.
After the 9/11 terrorist attacks, Congress passed the Authorization for Use of Military Force (AUMF), which authorized the president to use force against those responsible for the attacks. The 2001 AUMF has been used to justify operations in Afghanistan, Iraq, Syria, Yemen, Somalia, Libya, and other countries. Critics argue that the AUMF is a blank check, granting the executive branch broad discretion over the ability to declare war. Voices from both political parties have argued for the repeal and/or replacement of the AUMF to reassert congressional control over the power to declare war and limit executive overreach.
Trump’s decision to unilaterally bomb Iran is consistent with modern trends of presidents initiating acts of war without Congressional approval. Examples include President Barack Obama’s Libya intervention (2011), President Trump’s missile strikes in Syria (2017), and President Joe Biden’s airstrikes in Syria and Iraq (2021-2024).
In conclusion, modern presidents tend to ignore the delegation of powers outlined in the Constitution, which granted the power to authorize war to Congress and gave the president the power to command troops only after Congress had formally declared war.
About the Author: Harrison Kass
Harrison Kass is a defense and national security writer with over 1,000 total pieces on issues involving global affairs. An attorney, pilot, guitarist, and minor pro hockey player, Harrison joined the US Air Force as a Pilot Trainee but was medically discharged. Harrison holds a BA from Lake Forest College, a JD from the University of Oregon, and an MA from New York University. Harrison listens to Dokken.
Image: Wikimedia Commons.
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