Trump Can Rely on Past Democratic Presidents for the Iran Attack Authority

Below is my column on Fox.com on the legal authority for Operation Epic Fury. There are good-faith arguments that such attacks should require declarations of war. However, President Donald Trump can rely on his predecessors, including Presidents Clinton, Obama, and Biden for the authority to carry out these attacks.

Here is the column:

With the launch of the attacks on Iran, some have already declared the action unconstitutional. That includes the immediate condemnation of Rep. Thomas Massie (R-Ky.). The precedent, however, favors the President in this action, though the attack triggers obligations of notice and consultation with Congress.

I am sympathetic to those who criticize the failure to seek declarations of war from Congress before carrying out such operations. Indeed, I have represented members of Congress in opposing such wars. We lost. The courts have allowed presidents to order such attacks unilaterally.

Article II, Section 2 of the Constitution states that “the President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states.” However, the Constitution also expressly states that Congress has the power to declare war under Article I, Section 8, Clause 11.