Are Trump’s strikes on Iran legal? What the US Constitution says about presidential war powers

The United States-Israel and Iran conflict has entered Day 6, and the US military has so far attacked more than 1,000 targets, killing Supreme Leader Ayatollah Khamenei and many of their cabinet ministers. In retaliation, Iran targeted many of its bases in other Middle Eastern countries. The conflict has now widened into Asia after a US submarine sank an Iranian navy vessel near Sri Lanka on Wednesday, 4 March.

With the conflict between the US-Israel and Iran escalating with more countries joining, Democrats have now started questioning President Donald Trump's military authority, first in Venezuela, now in the Middle East.

Since the start of the conflict, Donald Trump has provided multiple justifications. He said he felt Iran was about to launch an attack, and that the operation aimed to eliminate immediate threats to the United States, its foreign bases, and its allies.

Secretary of State Marco Rubio recently mentioned to reporters that the “objectives of this operation are to destroy their ballistic missile capability and make sure they can’t rebuild, and make sure that they can’t hide behind that to have a nuclear program.”

The Secretary of State also said that the impending strikes on Iran by Israel were the reason America went ahead with sending a barrage of missiles towards Iran.

Neither has yet provided any evidence.

What does the US Constitution say?

Reuters quoted some legal experts as saying that the attacks on Iran are pushing the boundaries of Trump's constitutional authority. Under the US Constitution, the president commands the armed forces and directs foreign relations, but only Congress has the power to declare war.

Article I of the US Constitution, which created Congress, gives lawmakers “shall have power… to declare war.”

Article II, which established the presidency, designates the president as the “commander in chief of the Army and Navy”.

The Constitution also grants Congress authority over military spending.

In 2001 and 2003, Congress had provided authorisation for large military operations when former President George W Bush declared invasions of Afghanistan and Iraq.

Under the War Powers Resolution (WPR) of 1973, the president can deploy the military only when Congress has declared war, provided specific authority, or responded to an attack on US territory or its military.

It requires the president to report regularly to Congress, which the administration began doing on Monday.

The resolution has also demanded that the military action end within 60 days. “The President may extend this 60-day period an additional 30 days by certifying in writing to Congress the need for continued use of force,” it says.

According to congress.gov, “A bill or joint resolution directing the President to remove US forces abroad may be introduced in either chamber at any time.”

The US Senate vote

The US Senate has voted down a War Powers resolution aimed at limiting President Donald Trump's military action, 'Operation Epic Fury', against Iran, with the measure failing 47-53 on mostly party lines, Fox News reported.

Senate Republicans on Wednesday (local time) closed ranks behind President Donald Trump, dealing him a crucial political victory by defeating a Democratic-led resolution intended to rein in his military actions in Iran despite lingering questions about America's involvement in the Middle East.

(With agency inputs)