New York Times Legal Scholars: Trump Needs a Congressional Declaration of War to Attack Iran, AUMFs Not Sufficient

[munkle]

There is no wiggle room.

https://www.nytimes.com/2025/06/18/opinion/trump-iran-war-congress.html

"Mr. Trump has already spent days publicly contemplating whether to join Israel in the conflict. Dr. O’Connell compared the situation to the past decisions to go to war in Afghanistan in 2001 and against Iraq in 2003. In both cases, Congress passed a war authorization law.

Those laws granted the commander in chief sweeping powers to send troops into combat and launch military operations with few restrictions, putting the United States on an open-ended war footing ever since. It’s unclear what legal rationale the Trump White House would use if it does decide to take military action against Iran, but legal scholars are skeptical that current legislation is sufficient.

“He absolutely needs congressional authorization if he intends to use military force against Iran,” said Oona Hathaway, a former Pentagon lawyer and professor at Yale Law School. “That clearly would not fall within either of the existing A.U.M.F.s.”"

 

[BackAgain]

Maybe. Maybe not.

Legal “scholars” can and do frequently disagree.

That said, I don’t want us in the war; and if fighting becomes impossible to avoid, I’d prefer that Congress make the call.

 

[SassyIrishLass]

Let Trump take it to Congress.

 

[iamwhatiseem]

Obama didn't.

 

[SassyIrishLass]

Obama didn't.

Obama was a goddamn jackass

 

[iamwhatiseem]

Obama was a goddamn jackass

Whaaa?? OMG!!!! He saved America!!!! AAAAUUUUUGGHHH!!!!!!!!!!!!!!!!!!!!

 

[kyzr]

Obama didn't.

I forgot he was a war monger:
During his presidency, Barack Obama was involved in military actions in several countries, including Afghanistan, Iraq, Libya, Syria, Yemen, and Somalia. He expanded the use of drone strikes and special operations forces while also overseeing the withdrawal of troops from Iraq and a reduction in Afghanistan, although U.S. military presence continued in various forms throughout his tenure.

 

[Thinker101]

There is no wiggle room.

https://www.nytimes.com/2025/06/18/opinion/trump-iran-war-congress.html

"Mr. Trump has already spent days publicly contemplating whether to join Israel in the conflict. Dr. O’Connell compared the situation to the past decisions to go to war in Afghanistan in 2001 and against Iraq in 2003. In both cases, Congress passed a war authorization law.

Those laws granted the commander in chief sweeping powers to send troops into combat and launch military operations with few restrictions, putting the United States on an open-ended war footing ever since. It’s unclear what legal rationale the Trump White House would use if it does decide to take military action against Iran, but legal scholars are skeptical that current legislation is sufficient.

“He absolutely needs congressional authorization if he intends to use military force against Iran,” said Oona Hathaway, a former Pentagon lawyer and professor at Yale Law School. “That clearly would not fall within either of the existing A.U.M.F.s.”"

Article I, Section 8 of the U.S. Constitution assigns the right to declare war to Congress. But the last time that happened was at the beginning of World War II, when Franklin Roosevelt was president.

Since then, presidents have generally initiated military activities using their constitutionally granted powers as commander in chief without having an official declaration of war in support of their actions.

The War Powers Resolution requires that, in the absence of a declaration of war, the president must report to Congress within 48 hours of introducing armed forces into hostilities and must terminate the use of U.S. armed forces within 60 days unless Congress permits otherwise. If approval is not granted and the president deems it an emergency, then an additional 30 days are granted for ending operations.

Even under the act, there is understood to be some flexibility. "A single raid or even a series of raids would not require authorization."

 

[Oddball]

Much as I tend to agree with the premise, the NYT can jam any "scholars" and/or "experts" they care to cite right up their asses.

The Weekly World News has more credibility than those dickweeds.

 

[BluesLegend]

A declaration of war is NOT needed to shove a few dozen MOAB's up Iran's ass to destroy their nuclear facilities. Hell now Iran has threatened the chief of the IAEA, I guess with death.

 

[SassyIrishLass]

A declaration of war is NOT needed to shove a few dozen MOAB's up Iran's ass.

I tend to agree

 

[BluesLegend]

I tend to agree

Iran just threatened the chief of the IAEA. When Iran says, "we will deal with him" after the war...well let's just say Iran continues to run it's foul mouth, threatening everyone. I think it's time to bomb the F out of Iran's leadership then see if they still want to mouth off. You know, the few that survive that is.

 

[BlindBoo]

Obama didn't.

Yeah he did.

Under the War Powers Act the president can order most any military action as long as he informs Congress and follows the guidelines of that law. Congress can stop it after after 60 days I think.

Avalon Project - War Powers Resolution

avalon.law.yale.edu

 

[SassyIrishLass]

Iran just threatened the chief of the IAEA. When Iran says, "we will deal with him" after the war...well let's just say Iran continues to run it's foul mouth, threatening everyone. I think it's time to bomb the F out of Iran's leadership then see if they still want to mouth off. You know, the few that survive that is.

Want me to be totally honest? Iran needs dealt with. Forget "diplomacy" and just teach them a lesson

 

[Donald H]

There is no wiggle room.

https://www.nytimes.com/2025/06/18/opinion/trump-iran-war-congress.html

"Mr. Trump has already spent days publicly contemplating whether to join Israel in the conflict. Dr. O’Connell compared the situation to the past decisions to go to war in Afghanistan in 2001 and against Iraq in 2003. In both cases, Congress passed a war authorization law.

Those laws granted the commander in chief sweeping powers to send troops into combat and launch military operations with few restrictions, putting the United States on an open-ended war footing ever since. It’s unclear what legal rationale the Trump White House would use if it does decide to take military action against Iran, but legal scholars are skeptical that current legislation is sufficient.

“He absolutely needs congressional authorization if he intends to use military force against Iran,” said Oona Hathaway, a former Pentagon lawyer and professor at Yale Law School. “That clearly would not fall within either of the existing A.U.M.F.s.”"

He doesn't need any wiggle room. He will easily get a majority of congress offering their blessings.

If he's allowed to ask? These important decisions are made by Trump.

Already as we speak, Iran has their nuclear weapon loaded aboard a Russian bomber and it's just over the Alaska shoreline!

 

[iamwhatiseem]

Yeah he did.

Under the War Powers Act the president can order most any military action as long as he informs Congress and follows the guidelines of that law. Congress can stop it after after 60 days I think.

Avalon Project - War Powers Resolution

avalon.law.yale.edu

Trump is not saying he is going to war, just bombing.
Obama bombed how many times without "authorization"??

Hint - best estimates are he dropped between 26,000 and 27,000 bombs

 

[SassyIrishLass]

Trump is not saying he is going to war, just bombing.
Obama bombed how many times without "authorization"??

That's the issue. Suddenly it's wrong what their " messiah" did

Freaking fools

 

[Natural Citizen]

Let Trump take it to Congress.

He won't.

He'll give War Powers Act Notice to the so-called Gang of Eight (which is itself an antithethical entity to democratic values) behind closed doors.

Still wouldn't be legit because just as Congress can't delegate its war powers away to the President, it equally cannot delegate its war powers away to the Gang of Eight.

But..the reality is this. Americans, unfortunately, have grown comfortable placing the constitution in the hands of people and entities who have historically demonstrated very little, if any, regard for it.

 

[iamwhatiseem]

He won't.

He'll give War Powers Act Notice to the so-called Gang of Eight (which is itself an antithethical entity to democratic values) behind closed doors.

Still wouldn't be legit because just as Congress can't delegate its war powers away to the President, it equally cannot delegate its war powers away to the Gang of Eight.

But..the reality is this. Americans, unfortunately, have grown comfortable placing the constitution in the hands of people and entities who have historically demonstrated very little, if any, regard for it.

If Trump took any details to Congress - Iran would know them 15 minutes later.
THAT is the sad part.

 

[luiza]

Great to watch Trumpfy try to follow Deep State orders whilst preserving the idea of his Presidency being a great one , marked by zero War involvement .

It would be wrong not to see him carved into the mountain and winning a wonderful Nobel Peace Prize .
All Hail , King Trumpfy .

They gave him to you .
It's now your turn to realise that they gave you a stinking piece of fish .
Serves you right , Sheeple