Presidential authority as the commander in chief of the armed forces, under Article II of the US Constitution, is real and important, but it surely isn't all that President Donald Trump needs it to be for this war to be even remotely lawful. To review six familiar points: (1) The US Constitutional reserves to Congress exclusively the right to "declare" war; (2) Probably because the framers considered the point too obvious to require stating, there is no specific statement that undeclared wars are illegal wars; (3) The courts have refused to make that inference leaving a gap in the whole notion of the checking of war powers, but (4) Congress, overriding President Nixon's veto, filled that gap with the War Powers Act of 1973, and (5) if Congress does not approve President Trump's action, then under the War Powers Act, the President will have to end hostilities within 60 days of starting them -- which would be by the end of April, but (6) nobody expects President T...
For a long time, much of the political appeal of President Donald Trump has come from his professed opposition to “forever wars.” One of his many explicit statements to this effect dates from his State of the Union address in 2019. He said, “Great nations do not fight endless wars.” If you need a link for that: behold. Given his goal to make America “great again,” this language clearly amounts to a commitment to use his position as commander-in-chief to keep the United States out of endless wars. Yet here we are, with Trump once again the commander-in-chief and with his commitment to war with Iran open-ended. He began the attack on Iran at the end of February and throughout March he has put his renunciation of his earlier view front-and-center. He has used his own proprietary social-media platform, “Truth Social,” to explain to us that “Wars can be fought ‘forever,’ and very successfully, using just these supplies (which are better than other countries fin...