Can a president just attack whichever country they want? Well, there's a 1973 law called the War Powers Resolution. This was passed near the end of the Vietnam War, and Congress was upset by the extent that the president was going beyond their initial authorization when it came to bombing campaigns in Laos, Cambodia, and Vietnam.
The point of this law was to rein in the ability of the president to get involved in military activity in other countries. This is because the power to declare war per the Constitution belongs to Congress.
So what are the three scenarios where the War Powers Act applies?
One is a war declaration by Congress. Another is an authorization by Congress. And the third is a national emergency created by an attack on the United States.
Under these scenarios, the president can initiate military action in another country, but they must inform Congress within 48 hours. And that activity can only last 60 days plus 30 days for troop removal.
But what happens if a president ignores this law? Well, there are no criminal penalties, which means it’s up to Congress to either halt the military action, cut off its funding, or both. Look, Trump is not the first president to ignore this law.
Reagan sent troops to Lebanon without congressional approval. Clinton extended his bombing campaign in Yugoslavia past that 60 day limit. Obama did the same in Libya, and many other presidents have similarly sidestepped it. But many, if not most of those likely violations were done in coordination with other countries like NATO allies. They also got U.N. Security Council approval, and they weren’t solely directly focused on regime change.
But Trump’s actions in Iran were not done in coordination with a team of other countries, just Israel. They did not get U.N. Security Council approval, and they are very much focused on regime change, which, you know, very much sounds like a war. The reason that the Constitution gives Congress the power to declare war is that the founders were very concerned about one person having that power.
And we know this because James Madison was taking notes during the Constitutional Convention, and they discussed this. The commander-in-chief power was meant to allow the president to command an army during war. It wasn’t meant to give the president the power to declare war and make U.S. taxpayers foot the bill — that was clearly given to Congress.
Which reminds me that right now, Congress is up for reelection. All of the House and a third of the Senate primaries are happening now. So if you care about having a Congress that will stop a president when he tries to start wars, whether it’s cutting off funding, halting the action, or even impeaching and removing, you might want to partake in those elections.
Ben Sheehan is a political commentator and digital creator. He specializes in civics education, which is showcased in his latest book, What Does the Constitution Actually Say?: A Non-Boring Guide to How Our Democracy Is Supposed to Work. Check out his Substack, Politics Made Easy.
