Following weekend airstrikes on Iranian nuclear facilities ordered by President Donald Trump, criticism regarding the legality of his actions arose from both Democrats and fellow Republicans.
Representative Thomas Massie (R) declared the strikes unconstitutional on X, a sentiment echoed by Representative Warren Davidson (R).
Conversely, House Speaker Mike Johnson (R) defended the President, arguing the perceived imminent threat outweighed the time required for Congressional approval, citing precedent for such military actions under administrations of both parties.
BBC Verify consulted legal experts to assess the constitutionality of President Trump’s actions and the necessity of prior Congressional consultation.
Relevant constitutional provisions include Articles I and II. Article I grants Congress the sole power to “declare war,” while Article II establishes the President as Commander-in-Chief, a justification cited by the White House for the Iranian strikes.
Constitutional experts affirmed that Article II grants the President authority to employ military force under specific circumstances, although these circumstances are not explicitly defined in the Constitution. Interpretations, according to experts at the Council on Foreign Relations, encompass “actual or anticipated attacks” or actions to protect “important national interests,” including preventing nuclear proliferation—the stated rationale for the strikes.
Four constitutional law experts consulted by BBC Verify acknowledged the President’s authority in these circumstances. Professor Claire Finkelstein (University of Pennsylvania Law School) stated that “the short answer is yes,” citing a long-standing practice of presidential unilateral military action. Professor Jessica Levinson (Loyola Marymount University) added that this authority is limited, provided the action does not escalate to war, a distinction lacking a clear definition.
However, Professor Andrew Rudalevige (Bowdoin College) disagreed, asserting the lack of a “sudden attack to repel” invalidated the President’s authority.
While Article I grants Congress the power to declare war, this provision has been rarely invoked; only ten times since 1812, with the last instance being in 1942 following Pearl Harbor. Experts noted the increasing frequency of presidential military actions without Congressional approval.
John Bellinger (former White House legal advisor under President George W. Bush) highlighted Congress’s growing acquiescence to presidential use of military force without authorization. Jonathan Turley, a conservative constitutional expert, declared that Congress and the courts have effectively negated the declaration of war requirement.
Presidents Obama (Libya, Osama Bin Laden raid), Trump (killing of Qasem Soleimani), Clinton (Balkans), and Biden (Yemen, Syria) all authorized military actions without prior Congressional approval, each citing Article II justification.
Mr. Turley concluded that historical precedent favors President Trump’s actions. Speaker Johnson reinforced this, citing similar actions by previous administrations under Article II’s Commander-in-Chief authority, referencing President Obama’s actions in Libya.
Critics also cited the 1973 War Powers Resolution, passed following the Vietnam War, intended to limit presidential war-making powers without Congressional consultation. While acknowledging the President’s authority in emergencies, the resolution mandates consultation with Congress “in every possible instance.”
Mr. Bellinger stated President Trump appeared not to have met this requirement, instead merely informing Republican leaders. US media reports indicate that Senator Schumer received limited notice.
The White House Press Secretary, Karoline Leavitt, stated on X that the administration made “bipartisan courtesy calls” and spoke with Senator Schumer prior to the strikes.
The resolution also mandates notification within 48 hours of military action. Secretary of Defense Pete Hegseth confirmed notification after the operation’s completion, claiming compliance with the War Powers Act’s notification requirements.
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