President Donald Trump may decide to enter a major war with Iran without a declaration of war by Congress and without even a serious consultation with Congress.
On Tuesday (June 17), he no longer distinguished between Israel and the US in this war: “We now have complete and total control of Iranian airspace,” Trump wrote on Truth Social.
“We know exactly where the so-called ‘Revolutionary Leader’ is. He’s an easy target—but we’re not going to kill him, at least not for now.”
Would Iran Strikes Be Illegal?
The US Constitution Article I, Section 8, Clause 11 states that Congress has the power “to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. . . .”
This Declare War Clause is a central element of Congress’s war powers, but its meaning is among the most heavily debated parts of the Constitution.
The Supreme Court has observed that only Congress has the power to declare war.
Still, the implications of this exclusive assignment are not well-settled.
Under Article II of the Constitution, the relationship between Congress’s power to declare war and the president’s role as commander in chief of the Army and Navy is not clear.
What Does History Say?
Presidents have sent US forces to fight in Korea and elsewhere without a declaration of war, though Congress then appropriated funds to pay for the operations.
While President Harry Truman in 1950 was responding to an invasion by the North into South Korea, Iran in 2025 has not directly attacked any nation except in response to Israeli attacks.
US intelligence even questions whether Iran is committed to making nuclear weapons.
It is also unclear whether bombs delivered by planes or missiles can eradicate nuclear enrichment facilities buried deep in a mountain.
American technology has played a key role in securing air dominance. However, Iran has attempted to counter Israeli and U.S. air operations.
If Trump opts to send US forces against Iran, this will be still another expansion of presidential authority—still another that may not succeed.
About the Author:
Dr. Walter Clemens is an associate at the Davis Center for Russian and Eurasian Studies, Harvard University, and a professor emeritus of political science at Boston University. He wrote The Republican War on America: Dangers of Trump and Trumpism (2023).
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