Since President Donald Trump ordered airstrikes on Iranian nuclear facilities, questions have arisen about his legal authority under the U.S. Constitution. Some lawmakers, including Republicans Thomas Massie and Warren Davidson, argued the strikes were unconstitutional without Congressional approval. However, House Speaker Mike Johnson defended Trump, citing the president’s role as Commander-in-Chief and the urgency of the threat.

The U.S. Constitution’s Article I grants Congress the power to declare war, while Article II designates the president as Commander-in-Chief, allowing limited military action. Legal experts note presidents can authorize strikes without Congress in cases of imminent danger or national interest, such as preventing nuclear proliferation—the justification Trump’s administration used for the Iran strikes.

Constitutional scholars like Claire Finkelstein and Jessica Levinson confirm Trump had some authority for limited military action, though others like Andrew Rudalevige question the lack of an immediate threat. Historically, Congress rarely formally declares war, with recent presidents often initiating military actions independently.

Precedents include Obama’s Libya airstrikes and the operation against Osama Bin Laden, Clinton’s Balkan strikes, and Biden’s military actions in Yemen and Syria. Critics point to the War Powers Resolution of 1973, requiring the president to consult Congress before deploying troops, which Trump reportedly did not fully do, only informing some leaders shortly before the strikes.

The administration stated it complied with notification requirements by informing Congress within 48 hours post-strike. The debate highlights ongoing tensions over presidential war powers and Congressional oversight.

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https://www.bbc.com/news/articles/c4gkw04yze1o