Senator Tammy Baldwin issued a statement Saturday calling President Trump’s air strikes in Iran “illegal,” but she is mistaken on both the Constitution and federal law.
Senator Tammy Baldwin issued a statement Saturday claiming President Trump “illegally bombed Iran,” but this misinterprets both Article II of the Constitution and the War Powers Resolution of 1973.
“President Trump illegally bombed Iran, totally disregarding the Constitution, putting American troops in harm’s way, and starting another war in the Middle East with no end in sight,” Baldwin said. “The Constitution is clear: if the President wants to start a war, Congress – elected by the people – needs to sign off on it.”
This is factually incorrect, as Saturday’s strikes are legally grounded in the President’s constitutional authority as Commander in Chief under Article II, Section 2 of the U.S. Constitution. This provision designates the President to direct military operations in defense of national security interests, particularly when facing imminent threats from a hostile regime’s nuclear ambitions and attacks on U.S. allies.
The War Powers Resolution of 1973 affirms that the President’s powers as Commander in Chief allow limited strikes and even the deployment of American troops into a hostile nation provided he notify Congress within 48 hours and that said nation present an imminent threat to American security.
Trump Administration officials cited an imminent threat to U.S. personnel and regional stability from Iran’s nuclear program and proxy activities as qualifying under this emergency clause. Just a few days ago, Secretary of State Marco Rubio briefed key lawmakers on Iran’s imminent threat amid ongoing talks with Tehran.
