(Note. Ever since the first year of the blog, I have been writing about what to do about Iran and their desire to acquire nuclear weapons. For those interested in getting some history on the topic, here are some of the posts I have written. Posted 11/26/09 (the day the blog started, but written on 9/26/09) - "Iranian Nukes." 2/21/10 - "Iranian Nukes, Part II." 3/11/12 - "What To Do About Iran?' 9/13/15 - "And Yet More Comments on the Iranian Nuclear Deal." 6/21/25 - "Iranian Nukes Revisted, Parts I, II & III." All posts are still up on the blog.)
Over the weekend, the United States and Israel began "Operation Epic Fury." Before doing so, President Trump gave Iran the opportunity to give up the development of nuclear fuel. They refused. One question raised by some (mostly those opposed to the attack) is whether or not the President has the authority to unilaterally engage in such military action. Law Professor Jonathan Turleys discussed the legalities in an article on Fox. We know from the Constitution that the President is the Commander in Chief of the Army and Navy (per Article 2 Section 2, and there was no air force at the time).
But Article I Section 8 says that Congress has the power to declar war. Yet, the United States has fought many wars since WWII (the last time war was actually declared). However, Congress has passed various measures regarding the use of military force by the President. These resolutions are often referred to as an "AUMF" - authorization for the use of military force. Recall the 1964 Gulf of Tonkin Resolution, authorizing LBJ to use and expand military force in southeast Asia, even though the resolution did not include a decalration of war.
There is the well known 1973 War Powers Resolution. That resolution allowed a President to use military force, but with conditions. The President must report to Congress within 48 hours of instituting any military action. (It appears Trump did notify the so-called Gang of Eight. These are the leaders in the House and Senate from both parties, along with the leaders of the House and Senate intelligence committees.) The 1973 Resolution also states that military action must end within 60 days absent Congressional approval of an extension.
But can the President just decide on any military action anywhere? The Resolution provides for authority to the President to deal with "hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances." In debating this requirement with a friend, he said he didn't see it. I said I clearly see it. Starting with the taking of Americans hostage in 1979-1980, and contiuing with the killing and kidnapping of Americans directly by Iran, or by their proxies Hamas and Hezbollah. When do we say it's enough already.
What about the 1983 killing of 241 U.S. military members in Lebanon by Hezbollah, an Iranian proxy. Most were Marines. But President Reagan took no real action to avenge that attack. Instead, he withdrew our forces from Lebanon. It is estimated that Iran, either directly or through their proxies, has killed over 1000 Americans. And let's not forget that on October 7, 2023, Iran's proxy Hamas, invaded Israel, and in the process killed and kidnapped American citizens. So, just when do we say it's enough? What about the attacks on US military bases situated throughout the Middle East? Again, when is it enough? Are the threats to our military forces imminent? Of course they are, because Iran has never stopped since the 1979 revolution.
In 2011, President Obama did not bother to ask Congress for an AUMF before going into Libya. Nor did President Clinton get an AUMF for the actions he took in Bosnia. In 2001, Congress did pass an AUMF, which allowed the President to take action against those responsible for the 9-11 attacks, and for the purpose of preventing future terrorist attacks. In 2002, Congress did pass another AUMF, which authorized the President to use necessary and appropriate force in order to defend the US against the ongoing threats from Iraq.
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