Can Donald Trump Bypass Congress to Wage War On Iran? Here's What US Law Says

Washington: United States direct involvement in the escalating conflict between Iran and Israel has triggered sharp legal and political scrutiny, especially after President Donald Trump ordered airstrikes on Iran’s Fordow, Natanz, and Isfahan nuclear sites without formally declaring war.

Trump’s previous warnings about American involvement had already raised serious concerns over the limits of presidential authority in launching military actions abroad. His recent move has reignited debate over the constitutional powers of Congress versus the executive branch.

Congress Pushes Back

In response, two U.S. lawmakers, Republican Thomas Massie and Democrat Ro Khanna have introduced a bipartisan resolution in the House of Representatives that would require President Trump to seek congressional approval before launching further airstrikes on Iran.

“Congress has the sole power to declare war against Iran. The ongoing war between Israel and Iran is not our war,” Massie said in a public statement. He added, “The Constitution does not permit the executive branch to unilaterally commit an act of war against a sovereign nation that hasn't attacked the United States.”

What Is the War Powers Act of 1973?

The War Powers Resolution (WPR), commonly known as the War Powers Act was enacted in 1973 to limit the president’s ability to engage in armed conflict without congressional consent.

Under the War Powers Resolution, the president is required to notify Congress within 48 hours of deploying military forces. If congressional approval is not granted, the law mandates that troops must be withdrawn within 60 days. Additionally, a 30-day grace period is allowed to ensure a safe and orderly withdrawal of forces.

While intended to balance executive and legislative powers, the WPR has often been inconsistently applied. Trump, like several presidents before him, has frequently bypassed its provisions, citing national security concerns or emergency circumstances.

What are the Legal Grounds for Impeachment?

As the situation intensifies, questions are being raised over whether Congress could pursue impeachment if Trump continues military actions without congressional approval.

According to Article I, Section 8 of the U.S. Constitution, only Congress holds the power to declare war, while Article II, Section 2 names the president as Commander-in-Chief.

If lawmakers believe the president has violated the Constitution or laws like the War Powers Act, they have the authority to begin impeachment proceedings. However, it’s worth noting that past presidents, including George W. Bush, Ronald Reagan, and Barack Obama, have also carried out military operations without formal authorisation, and none were impeached solely on those grounds.

Lawmakers Response to the Strikes

Reactions in Congress have been sharply divided. While many Republicans support the strikes, not all back Trump’s approach. Representative Marjorie Taylor Greene criticised the move, posting, “This is not our fight. Every time America is on the verge of greatness, we get involved in another foreign war.” 

Democrats have largely opposed the strikes, calling them unconstitutional. Senate Minority Leader Chuck Schumer urged Congress to enforce the War Powers Act and reassert its constitutional authority.

As the U.S. edges closer to deeper involvement in a foreign conflict, lawmakers across party lines are demanding accountability and a return to constitutional checks and balances. Whether Trump’s actions lead to further escalation or legislative pushback remains to be seen, but one thing is clear: the balance of war-making authority in America is once again under the microscope.

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