The war with Iran: Part Four, Presidential authority under article II

 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 Trump to act as if he cares.  

To set a baseline on the subject, let us harken back to the Obama period.  

In February 2011, Libyan grassroots protests against Muammar Gaddafi, and their violent repression by the Gaddafi regime, inspired fears of a civil war. On March 17, the UN Security Council approved resolution 1973, authorizing the taking of “all necessary measures” by member states to protect civilians, including a no-fly zone. 

The Obama administration relied on this resolution, and did not consult the US congress, in what followed. 

Obama in conjunction with leaders of other world powers announced a no-fly zone and on March 19, the US began airstrikes.  

In April, Senator Rand Paul introduced a resolution opposing Obama’s use of force in Libya. [To his credit, Senator Paul -- pictured above -- is now acting in a way consistent with that -- he plainly thinks neither Obama nor Trump is entitled to an executive-branch-alone war.]  Nine other Senators, all Republican, supported this resolution. To their disgrace, none of the other nine is showing Randian consistency now.  Those who are still in the Senate are now prepared to defend a President’s constitutional authority to throw our forces at any country on which his own deliberations have painted a bulls’ eye. 

I’m looking at YOU, Senator Ron Johnson!