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Can Trump declare war on Iran without US Congress approval? His airstrikes raise fears and questions
Donald Trump's recent airstrikes on Iran sparked discussions on the War Powers Resolution and the limits of presidential authority in military actions.
The limit of US presidential war powers has become a hot topic of discussion since President Donald Trump ordered airstrikes on Iran's three nuclear facilities: Fordow, Natanz, and Isfahan.
The attacks, which are the most audacious US participation in the Iran-Israel conflict to yet, have drawn political and legal attention in Washington despite not being preceded by a formal declaration of war.
Could Trump's circumvention of Congress lead to his impeachment? What part does the 1973 War Powers Resolution play in limiting the power of the president?
What is War Powers Act?
Following the Vietnam War, a protracted battle in which the US played a significant role without issuing a formal declaration of war, the War Powers Resolution (WPR), commonly referred to as the War Powers Act, was established in 1973.
The purpose of the measure was to prohibit the president from initiating war on American soil without the consent of Congress. It attempted to reestablish the power dynamic by:
Mandating that the President provide Congress 48 hours' notice before sending troops
Requiring the soldiers to leave within 60 days unless Congress authorizes their stay
Granting a 30-day grace period for withdrawal that is safe
Despite being designed as a check on presidential power, the WPR has not always been efficiently implemented, and presidents like Trump have frequently circumvented or contested its authority.
Also Read: Tulsi Gabbard fiercely reacts after Donald Trump rejects her Iran assessment as ‘wrong’
US Constitution's provisions on war declaration
According to Article I, Section 8 of the US Constitution, Congress alone has the power to declare war, and Article II, Section 2 designates the President as Commander-in-Chief of the armed forces.
The purpose of this division was to guarantee that democratic agreement would be reflected in choices to engage major armed wars. But in reality, contemporary presidents have depended more and more on executive power to carry out military actions without issuing official declarations of war.
What we know about Trump's Iran strike and other presidential precedents
Although the United States has not declared war since World War II, it has participated in a number of significant conflicts, including Korea, Vietnam, Iraq, and Afghanistan, without the approval of Congress. In 2017 and 2018, Trump's own government launched strikes in Syria without the consent of Congress.
Trump has launched the airstrikes on Iran as essential to preventing Tehran from obtaining nuclear weapons. The assaults, according to US authorities, were "limited, targeted, and in coordination with Israel" and did not represent a larger war effort.
Can Congress impeach Trump over Iran war? A look at past
Yes, Congress has the authority to start the impeachment process if it thinks the President has broken the Constitution or legislation like the War Powers Resolution. However, political will would be crucial for such action.
Several presidents, including George W. Bush, Ronald Reagan, and Barack Obama, have carried out military actions without a war authorization from Congress, yet none of them were impeached for it.
What comes next?
Trump has so far maintained that the United States does not aim to overthrow the Iranian regime and has touted the attacks as a “historic moment” to prevent nuclear escalation. Iran has, meanwhile, threatened reprisal and alluded to wider regional repercussions.
Congress may face pressure to take action through legislation, budget limits, or impeachment if the United States gets pushed into a more severe and longer war.
