FACT CHECK: Were Trump’s Iran Strikes ILLEGAL Under U.S. Law?
Welcome back to The Josh Lafazan Show — where we dive deep into the biggest stories in American politics with facts, context, and clarity. In today’s episode, we break down the biggest constitutional question facing the country right now:
Did President Trump break the law by ordering military strikes on Iran without congressional approval?
The answer, like so much in politics, isn’t simple. It’s legally murky, constitutionally complex, and politically combustible. Let’s unpack this debate. 👇
⚖️ WHAT THE CONSTITUTION ACTUALLY SAYS
Let’s start at the top:
Article I, Section 8 of the U.S. Constitution gives Congress the exclusive power to declare war.
Article II, Section 2 makes the President the Commander-in-Chief of the military.
So, technically:
✔ Congress decides if we go to war.
✔ The President decides how we fight it.
But here’s where things get complicated:
Congress has only declared war 11 times in American history — and not once since WWII. Meanwhile, Presidents from Jefferson to Obama to Trump have unilaterally ordered hundreds of military actions without ever asking for a vote.
📖 As the Wall Street Journal puts it:
“The Constitution assigns the policy choice to Congress… But while Congress has declared war only 11 times, presidents have unilaterally ordered military action on hundreds of occasions — from pursuing pirates in the early 1800s to the 2020 drone strike on Iranian General Qassem Soleimani.”
💥 TRUMP’S STRIKES ON IRAN: LEGAL OR ILLEGAL?
Trump ordered drone and missile strikes on Iranian military sites — including fortified nuclear facilities — after Iranian attacks on U.S. troops in the Middle East.
He claims the strikes were:
✅ “Defensive”,
✅ “Proportional,” and
✅ Justified under his Article II powers as Commander-in-Chief.
This mirrors similar actions by past presidents — including Obama (Libya), and Biden (Syria). But this time, Congress isn’t staying quiet.
🗣️ Enter Rep. Thomas Massie — the libertarian Republican from Kentucky. He introduced a War Powers Resolution that would force Trump to seek congressional approval for any further escalation.
Massie said:
“The framers gave Congress — not the President — the power to decide when we go to war. It’s time we restore that balance.”
The bill has backing from progressive Democrats like Ro Khanna and non-interventionist Republicans — creating a rare bipartisan push to check executive power.
🧑⚖️ EXPERTS DISAGREE — HERE’S BOTH SIDES:
🟩 Legal Experts Who Support Trump:
John Yoo (former Bush lawyer):
“If American lives are in danger, the President has the right to act immediately.”
Jack Goldsmith (Harvard Law):
“Presidents have the authority to repel attacks — even without Congress.”
🟥 Legal Experts Who Oppose Unilateral Action:
Bruce Ackerman (Yale):
“Bombing a sovereign country without a vote isn’t a republic. It’s monarchy.”
Elizabeth Goitein (Brennan Center):
“Urgency doesn’t justify bypassing Congress on war decisions.”
📜 WHAT ABOUT THE WAR POWERS RESOLUTION?
In 1973, Congress passed the War Powers Act — meant to prevent exactly this. It requires:
🔔 48-hour notification to Congress after military action
📆 60-day deadline to get authorization
🔙 Withdrawal in 30 days if no vote
Sounds powerful? Not really.
In reality, no president has truly followed it. And Congress rarely enforces it. It’s a law with no teeth — and presidents know it.
🚨 BOTTOM LINE
So, did Trump have the legal authority to strike Iran?
✅ Technically legal? Yes, under decades of executive precedent.
🚫 Constitutionally ideal? Not even close — Congress alone has the war-declaring power.
❗ Politically? It’s a major flashpoint — and one that Americans must weigh in on.
This is more than just a legal technicality — it’s about the very soul of democratic checks and balances.
📣 YOUR TURN:
Should Congress reassert its authority over war powers?
Or should the President have the flexibility to act swiftly without a vote?
Let us know in the comments. 💬
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