War Powers Act vs. Article II: Is the US bombing of Iran constitutional? Could Trump be impeached?

President Donald Trump said US had conducted “successful attack” on three Iranian nuclear facilities. This ignited a constitutional debate.

On Saturday night, President Donald Trump took to Truth Social to announce that the United States had conducted what he described as a “very successful attack” on three Iranian nuclear facilities—Fordow, Natanz, and Esfahan.

Donald Trump said US had conducted “successful attack” on three Iranian nuclear facilities.(AP)

“We have completed our very successful attack on the three Nuclear sites in Iran, including Fordow, Natanz, and Esfahan. All planes are now outside of Iran air space. A full payload of BOMBS was dropped on the primary site, Fordow. All planes are safely on their way home," Trump wrote.

"Congratulations to our great American Warriors. There is not another military in the World that could have done this. NOW IS THE TIME FOR PEACE! Thank you for your attention to this matter,” he added.

The announcement reignited a constitutional debate, with critics pointing to a June 16 post on X by Rep. Thomas Massie (R-Ky.), who said that attacking Iran would be unconstitutional.

“This is not our war. But if it were, Congress must decide such matters according to our Constitution. I’m introducing a bipartisan War Powers Resolution to prohibit our involvement,” he had tweeted.

What Is the War Powers Act?

Enacted in 1973 over President Richard Nixon’s veto, the War Powers Resolution (WPR) was designed to limit the president’s ability to engage US forces in military conflicts without congressional approval. It followed public outrage over Nixon's secret bombing of Cambodia during the Vietnam War, which resulted in significant civilian casualties and sparked widespread protests.

The WPR requires the president to:

1. Notify Congress within 48 hours of deploying U.S. forces into “hostilities” or situations where hostilities are imminent.
2. End military actions within 60 days (or 90 days in emergencies) unless Congress approves continued engagement through a declaration of war or specific authorization.

What does Article II say?

Trump's supporters, citing Article II of the Constitution, argue that as “Commander in Chief of the Army and Navy,” the president has broad authority to direct military operations. 

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment,” the article states.

However, this power is constrained by Article I, Section 8, which grants Congress the authority to “declare war” and regulate the armed forces

Legal scholar John Yoo defended President Donald Trump’s actions in an interview with Fox News Digital, stating that presidential authority over military operations abroad does not require congressional approval.

“As a legal matter, the president doesn't need the permission of Congress to engage in hostilities abroad. But as a political matter, it's very important for the president to go to Congress and present the united front to our enemies,” he told Fox News Digital.

Yoo acknowledged that while the Constitution grants Congress the sole authority to declare war, that power is not an absolute check on the president's ability to use military force.

"The framers did not think that language meant that the President and Congress are like the two weapons officers on a nuclear sub and have to turn the keys at the same time to use force,” he said. “The founders were very practical men, and they knew that Congress is slow to act, that Congress is a large body that deliberates, but it's the president who acts swiftly and decisively in defense of the nation.”

Can Trump be impeached?

Article II, Section 4 of the Constitution allows impeachment for "Treason, Bribery, or other high Crimes and Misdemeanors." If Congress determines that violating the WPR or bypassing its constitutional war powers constitutes a “high crime,” impeachment could be pursued.