Donald Trumpâs Iran strikes: As Israel-Iran arrive at a US-mediated ceasefire in the 12-day conflict, one question remains â Did US President Donald Trump have the legal authority to strike Iran?
On Saturday night, the United States (US) struck Iranâs nuclear sites at Fordow, Natanz, and Isfahan using B-2 stealth bombers and Tomahawk missiles in what it termed Operation Hammer. Trump hailed the airstrikes on Iran as a âspectacular military success,â claiming that key nuclear facilities at Fordow, Natanz, and Esfahan were âcompletely obliteratedâ. Speaking after the coordinated assault, involving B-2 stealth bombers, Trump said the mission was executed flawlessly and marked a decisive blow to Iranâs nuclear ambitions.
Tehran retaliated by attacking one of the largest US air bases in the Middle East. Trump then announced that a ceasefire between Israel and Iran was âin effectâ.
Since the US strikes, Democrats as well as lawmakers from his own party have questioned the move.
This is not Constitutional. https://t.co/EU3fS5jcwb
â Thomas Massie (@RepThomasMassie) June 21, 2025
DOUBTS RAISED ON DONALD TRUMPâS ACTIONS
Republican Congressman Thomas Massie said on X that the strikes were ânot Constitutionalâ.
Another Republican Congressman Warren Davidson wrote on X: âWhile President Trumpâs decision may prove just, itâs hard to conceive a rationale thatâs Constitutional.â
While President Trumpâs decision may prove just, itâs hard to conceive a rationale thatâs Constitutional. I look forward to his remarks tonight. https://t.co/fvXyKiicUX
â Warren Davidson ?? (@WarrenDavidson) June 22, 2025
Republican Speaker of the House Mike Johnson defended the president: âThe President made the right call, and did what he needed to do. Leaders in Congress were aware of the urgency of this situation and the Commander-in-Chief evaluated that the imminent danger outweighed the time it would take for Congress to act. The worldâs largest state sponsor of terrorism, which chants âDeath to America,â simply could not be allowed the opportunity to obtain and use nuclear weapons. The President fully respects the Article I power of Congress, and tonightâs necessary, limited, and targeted strike follows the history and tradition of similar military actions under presidents of both parties.â
The President made the right call, and did what he needed to do.
Leaders in Congress were aware of the urgency of this situation and the Commander-in-Chief evaluated that the imminent danger outweighed the time it would take for Congress to act.
The worldâs largest stateâŠ
â Speaker Mike Johnson (@SpeakerJohnson) June 22, 2025
WHAT DOES THE US LAW SAY?
Article I of the US Constitution lists the ability âto declare warâ as one of Congressâ powers.
Article II lays out the presidentâs powers saying âthe president shall be Commander in Chief of the Armyâ
BBC quoted sources at the White House as saying they see this as the rationale for the strikes on Iran.
LEGAL EXPERTSâ ANALYSIS
In a piece, BBC Verify asked legal experts whether Trumpâs actions were in line with the Constitution or whether he should have consulted Congress first.
âConstitutional experts have said that Article II gives the president the authority to use military force in certain circumstances. The circumstances arenât specifically laid out in the Constitution â but they have been subsequently interpreted to include âactual or anticipated attacksâ or to âadvance other important national interests,â experts at the Council for Foreign Relations told BBC.
These interests could include the prevention of nuclear proliferation, which the Trump administration said was their justification for the Iran strikes.
Four constitutional experts told BBC:
âThe short answer is yes, he did have the authority here,â Claire Finkelstein, a professor at the University of Pennsylvania Law School told BBC. âThere is a long standing practice of presidents engaging in isolated military engagements without congressional approval.â
Constitutional law expert Jessica Levinson at Loyola Marymount University said the president has limited authority to authorise air strikes as long as it âdoesnât begin to resemble a war, and there is no clear definition of when that occursâ.
Andrew Rudalevige, a professor of government at Bowdoin College, said he didnât believe Trump had the authority to launch the latest strikes as there wasnât âa sudden attack to repelâ.
John Bellinger, who was a legal adviser in the White House under President George W Bush, said: âOver the last several decades, Congress has acquiesced more and more in presidential uses of military force for a variety of purposes without congressional authorisation.â
Although Article I gives Congress the power to declare war, the provision has rarely been used. The last time Congress invoked this power was in 1942 during the Second World War.
WHEN PRESIDENTS ORDERED STRIKES WITHOUT CONGRESS NOD
Experts also said that presidents using their authority to order military actions without getting approval from Congress has become more common, said the BBC report.
President Barack Obama authorised airstrikes in Libya without requesting permission from Congress, which his administration justified under Article II, as was the case for the mission to kill Osama Bin Laden in Pakistan in 2011.
During Trumpâs first term in office, he ordered the killing of Iranian military officer Qasem Soleimani without congressional approval.
Democratic President Bill Clinton launched strikes in the Balkans in the 1990s without prior approval.
Joe Biden did the same when hitting Houthi targets in Yemen as well as in Syria during his presidency.
WHAT ABOUT THE WAR POWERS RESOLUTION?
While giving President the power in case of an emergency, the War Powers Resolution â passed in 1973 following Americaâs withdrawal from the Vietnam War to limit the presidentâs ability to wage war without consulting Congress â states that they should âin every possible instance shall consult with Congress before introducing United States Armed Forces into hostilitiesâ.
Secretary of Defense Pete Hegseth said following the strikes on Iran that Congress âwere notified after the planes were safely outâ and that they âcomplied with the notification requirements of the War Powers Actâ.
Inputs from Agencies, BBC