The President's Power Play
As President Donald Trump continues to weigh military action against Iran, one question has emerged at the forefront of the debate: does the President have the legal authority to strike Iran without congressional approval? David Janovsky, Acting Director of The Constitution Project at the Project on Government Oversight, offers a clear answer in an interview with TIME: no.
A Constitutional Gray Area
The Constitution gives the exclusive power to declare war to Congress, not the President, according to Janovsky. "This is a contemplated attack against a sovereign state, and that, in simplest terms, is an act of war," he explains. "And the Constitution gives the exclusive power to declare war to Congress, not the President."
This is not a new phenomenon, Janovsky notes. The executive branch has long resorted to "creative lawyering" to justify military action abroad, and Congress has often acquiesced. But Janovsky believes that a clear statement from Congress declaring its opposition to any military action in Iran could change the calculus for both the executive branch and the military.
A Changing Landscape
The fact that the administration is now considering further military action against Iran suggests that the situation is more complex than a one-time strike. The United States has already joined an Israeli-led operation against Iran, and Trump has claimed that Iran's nuclear enrichment facilities had been "completely and totally obliterated."
Rep. Thomas Massie and Rep. Ro Khanna have proposed a War Powers resolution to prohibit the President from ordering military action in Iran without congressional approval. However, Janovsky notes that even if Congress did nothing, it would still be a sign that Congress did not approve of an act of war, making it technically illegal.
The Risk of Escalation
Janovsky emphasizes that the legal authority for military action is not the only consideration. The prospect of further military action against Iran has drawn harsh criticism from both inside and outside the President's own party. The situation is fraught with risks, not just for the United States, but also for Iran and the wider region.
A clear statement from Congress could send a powerful message that the administration is not welcome to unilaterally order military action, says Janovsky. It would also limit the executive branch's ability to push the envelope and justify further military action in the future."
The Road Ahead
The debate over the President's power to strike Iran without congressional approval is far from over. As the situation continues to unfold, one thing is clear: the stakes are high, and the consequences of military action could be far-reaching and devastating. It is imperative that Congress takes a clear stance on this issue and asserts its constitutional authority to declare war.
In the words of Janovsky, "We need to be careful, and we need to be vigilant. The Constitution gives us a framework for action, and we should be using it to prevent unnecessary conflict."
