Powers of Congress and the Presidency to Declare War
The US Constitution gives Congress, not the President, the authority to declare war.
“Congress shall have the power ….
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”
United States Constitution Article 1 Section 8. https://constitution.congress.gov/browse/essay/artI-S8-C11-1/ALDE_00013587/
President Trump is in the process of deciding whether to attack Iran. He is considering whether to use a B-1 bomber to drop a bunker buster bomb in support of Israel’s Bibi Netanyahu. Under the US Constitution, this is Congress’ decision, not the President’s.
Iran has not attacked the US. Israel has attacked Iran, killing many of its top military leaders and destroying its facilities being used to develop nuclear weaponry. It does not have the weaponry to destroy the underground Fordo nuclear enrichment facility and wants the US to destroy Iran’s facility on its behalf.
The US does have a massive bomb that might or might not work. https://www.theguardian.com/world/2025/jun/19/trump-caution-on-iran-strike-linked-to-doubts-over-bunker-buster-bomb-officials-say Under the Constitution, this must in the first hand be Congress’ decision, not President Trump’s.
US Presidents have made a lot of bad mistakes going to war without Congressional or public support – highlighted by the Vietnam War, the Iraq War and the Afghan War. If there is a compelling reason to go to war with Iran, it needs to be made to Congress and the American public, and Congress has to approve it.
Israel has been on a roll militarily since the Hamas attacks on Israel of October 7. Israel has attacked and destroyed but not yet eliminated Hamas in Gaza. Israel has attacked and destroyed but not yet eliminated Hezbollah in Lebanon. Assad has been overthrown by the Syrians in Syria, and Israel has occupied parts of Syria. https://www.theguardian.com/world/2025/mar/12/israel-to-occupy-syrian-southern-territory-for-unlimited-time-says-minister
Iran financed, trained and armed Hamas and Hezbollah against Israel; it was a supporter of the Assad regime. It has a larger population, land mass, military, and greater natural resources (oil and its revenues) than Israel does. https://economictimes.indiatimes.com/news/defence/iran-vs-israel-war-military-comparison-defence-capabilities-air-force/articleshow/121949982.cms?from=mdr Nevertheless, Israel has now killed Iran’s military and intelligence chiefs who trained and supported Hamas and Hezbollah, wiped out Iran’s air defenses, and is in strong position to inflict widespread damage on it.
Iran is not popular in the West because of its support for terrorism, and its role in destabilizing the Middle East, the source of their oil. Iran is not popular with the Sunni Arab oil states in the Middle East because of its roles in inciting rebellions against them. They are particularly unpopular in the US for their “death to America” rhetoric. The regime is also unpopular with its own citizens because of its hard line oppression of women, youth culture and the young population’s yearning for a better life than their constant repression by elderly religious mullahs and their militias, but there will be no potential for regime change under the daily presence of Israeli bombardment. https://www.reuters.com/world/middle-east/irans-divided-opposition-senses-its-moment-activists-remain-wary-protests-2025-06-19/
During his first term, Trump blew up the nuclear agreement which Iran had agreed to during the Obama Administration’s second term. https://abcnews.go.com/Politics/iran-nuclear-deal-trump-united-states/story?id=123020009 Now the Iranians are believed to be months away from reaching the threshold of uranium enrichment needed to build their very own bomb.
This is a very dangerous moment with incalculable consequences for the Middle East and the US. War with Iran could imperil all the oil moving through the Strait of Hormuz and deal body blows to the global economy. Our Constitution requires Congressional assent before embarking into the unknowns of war.