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Lawmakers have argued about President Donald Trump’s position in the command chain as he ponders the possibility of a strike against Iran, but one expert believes the president is within the constitutional authority to advance bombs that destroy the bunker.
Lawmakers on either side of the aisle are caught up in debate over where they are in the hierarchy. Not to mention declaring war, some argue that they should have the sole authority to approve a strike, while others believe that if they want to take part in Israel’s bombing campaign against Iran, they are within Trump’s scope.
“Instinct for Restraint”: The Senate separates who will declare war
One expert believes the president is within his constitutional authority. (AP Photo/Mark Schiefelbein)
The main argument on the hill is that the overall point of supporting Israel is to prevent the Islamic Republic from creating or acquiring nuclear weapons.
However, the legal scholar who helped create the 2001 Armed Forces Use Permit (AUMF) was a legal scholar who allowed the use of the US military, whom President George W. Bush, who believed it was behind the September 11, 2001 terrorist attacks in New York City, was granted the use of the US military, arguing that there was a difference between Congress “the constitutional authority and the constitutional authority to declare the authority to use the military.”
“I think the position we took back then is the same as what Trump should have taken now,” John Yu told Fox News Digital. “As a legal issue, the president does not need permission for Congress to engage in hostilities overseas. However, as a political issue, it is very important for the president to go to Congress and present the enemy with a united front.”
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Senator Tim Kane, D-Va. submitted a resolution that required discussion and votes against Iran before the military could be used. (Getty Images)
The Constitution divides the power of war between Congress and the White House, giving lawmakers the only power to declare war, and the president acts as commander of the army. Almost two centuries later, at the height of the Vietnam War, a 1973 military force resolution was born, sought to further define these roles.
Yu agreed that it was clear that Congress had the sole authority to declare war. But he rebutted. “Framer retorted, “The language was like the President and Congress were two arms officers on a nuclear submarine, and they had to turn the keys to use their forces at the same time.”
“The founders were very practical men and I knew Congress was slow to act. I knew Congress was a big organisation to deliberate, but it is the President who acted swiftly and decisively in the advocacy of the nation,” he said.
Adding fuel to the Washington debate is Sen. Tim Kane, D-Va. , and a pair of Senate resolutions from the House of Representatives. The measure is designed to check Trump’s power and reaffirm Congress’ constitutional authority.
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President Donald Trump, left, Sen. Thomas Massey. (Get McNamee/Pool/AFP via Getty Images | Kevin Dietsch/Getty Images)
Yu said the resolution appears to be a form of “political opportunism,” and said there was no resolution asking Congress to say when former President Joe Biden wanted to send aid to Ukraine, when former President Barack Obama got engaged overseas, or when Trump allowed a drone strike to kill Iranian general Qasem Soleimani.
“People on the hills blend with constitutional needs and politically convenient,” Yu said. “Two very different things.”
The true power of Congress over war is the power of the wallet, meaning the ability of lawmakers to decide whether to fund the Pentagon and the military in their spending process. Republicans are currently working through Congress to bring Trump’s “big, beautiful bill” down on their desks by Independence Day.
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Colossal Bill has approximately $150 billion in funding to the Department of Defense.
“If Congress really doesn’t want us, we don’t want Trump, we don’t want him to be more involved in the Israeli-Iran war,” Yu said. “All they had to do is not fund the military.”
“Ironically, you have people voting to give the Department of Defense tens of thousands of dollars. “Every time they vote for fundraising, they’re voting to make war possible.”
Alex Miller is a writer for Fox News Digital, which covers the US Senate.
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