Did President Trump have legal powers to launch Iran?

As US President Donald Trump has ordered to hit several nuclear facilities in Iran last weekend, Democrats, and legislators from his own party questioned his legal powers to do so.

Republican Congressman Thomas Massi on X, that the strikes were “not constitutional”, but another republican congressman Warren Davidson wrote “It is difficult to imagine the justification that is constitutional.”

But the Republican Speaker of the House of Representatives Mike Johnson defended the president, saying that he “estimated that the inevitable danger exceeded the time that Congress acts” and that there is “a tradition of such hostilities in accordance with the presidents of both parties.”

The BBC Verify asked legal experts whether Trump’s action with the Constitution corresponds to whether he should first consult a congress.

Two parts of the US Constitution are relevant here: Article I and Article II.

The article I specifically list the ability to “proclaim war” as one of the Congress’ powers.

However, Article II – who teaches the president’s powers – says that “the president is the commander -in -chief,” and the sources in the White House told the BBC that they see it as a justification for Iran’s strikes.

Constitutional experts stated that Article II gives the President to use the military force under certain circumstances.

Circumstances are not set out in the Constitution – but later they were interpreted to include “actual or expected attacks” or “promotion of other important national interests”, in accordance with Council Experts on Foreign Relations.

These interests may include the prevention of nuclear proliferation – which Trump’s administration stated that their justification in the Iranian strikes.

Four constitutional experts reported BBC to make sure Trump had some powers in these conditions to order military strikes.

“A short answer – yes, he had powers here,” says Claire Finkelstein, Professor of the Pennsylvania Law School. “There is a long -standing practice of presidents who are engaged in isolated military interactions without the approval of Congress.”

Another constitutional expert, Jessica Levinson of the University of Loyola Merimont, said the president has limited powers in the authorization of air strikes until it “starts to resemble war, and there is no clear definition when it happens.”

However, Andrew Rudalevig, Professor of Government at Bowduin College, said the BBC that Trump has the powers to launch the latest strikes because there was no “sudden attack to beat.”

Although the article I give Congress power to proclaim the war, the provision is rarely used.

The last time Congress summoned this power in 1942 after Japan bombed the pearl -chorbor during World War II. Before it was it used only 10 times since 1812.

And the experts also stated that the presidents who use their powers to order the hostilities without receiving the approval from Congress became more common.

John Belinger, who was a legal advisor to the White House under President George W. Bush, said: “Over the past few decades, Congress has agreed more and more in the use of military forces for various purposes without permission to Congress.”

“Congress and courts effectively refused the requirement of the declaration,” said the BBC Jonathan Turley, a conservative constitution expert.

President Barack Obama has allowed air strikes in Libya, without requiring permission from Congress, which his administration is justified in accordance with Article II, as it was in the case of the Murder Murder Murder Bin Laden in Pakistan in 2011.

And during the first term Trump as he ordered the murder of the Iranian military officer Kasem Soleimani Without approval of Congress.

Democratic Democracy President Bill Clinton started striking in the Balkans in the 1990s without prior approval, and most recently Joe Biden did the same when hitting Houthi’s goals in yemen And also in Syria during its presidency.

“This government has been repeatedly used by the presidents throughout our history,” Mr. Terley said. “History and precedent stands for Trump in this action.”

Speaker Johnson referred to examples of previous administrations, defending Trump, saying: “The presidents of both sides acted with the same commander of the main body in accordance with Article II.”

“President Obama has gone to an eight -month -old campaign that bombed Libya to remove the regime there. I have never heard a Democrat who, and suddenly, they are just weapons now.”

Trump’s critics on Iran also indicated the resolution of the military forces, which was adopted in 1973 after leaving America from the War in Vietnam to limit the President’s ability to wage war without a counseling congress.

Although the law really allows the president to use force without the approval of Congress in emergencies, he claims that they must “in all possible cases consult a congress before submitting the United States Armed Forces into hostilities.”

“It does not seem that President Trump has fulfilled this demand,” says Mr. Belinger. “On the basis of reporting it still turns out that President Trump did not actually have significant consultations with Congress, but rather informed several republican leaders.”

US media reported That leader of the minority of the Democratic Senate Chuck Shumer was summoned approximately an hour before the strike began but gave some details.

Press -Secretary of the White House Carolyn Levitus wrote on x What the administration made “two -party polite calls to the Congress leadership” and spoke in advance with the Senator Sumer.

The resolution also states that Congress should be notified within 48 hours after the hostilities took place.

Defense Secretary Pete Hegset said that after the Iran’s strikes that the Congress was “notified after the security of the planes” and that they “fulfilled the requirements of notifications on the law on military forces.”