Top Experts’ Backgrounder: #Military Action Against #Iran & US #Domestic #Law
With #Trump reportedly considering bringing the #UnitedStates directly into the armed conflict between #Israel & Iran, & in particular #offensive strikes against Iran’s #nuclear program, it is important to understand the #legal framework that governs whether & when a President can use military force overseas under US domestic law (…the use of force must also comport w/ #InternationalLaw…).
justsecurity.org/64645/war-pow…
Top Experts' Backgrounder: Military Action Against Iran and US Domestic Law
An expert backgrounder on US constitutional and statutory law governing whether a president can go to war with Iran, and what Congress can do.Tess Bridgeman (Just Security)
Nonilex
in reply to Nonilex • • •…there are only 2 sources of #authority for the use of force abroad – the #Constitution & congressional authorizations for the use of military force (#AUMF). …There is no existing AUMF that would authorize the President to use force against #Iran. Second, under the #ExecutiveBranch’s own interpretation of #ArticleII of the Constitution, which has become much broader in recent decades & is not necessarily shared by #Congress or the #courts,
#Trump #law #MiddleEast #USpol
Nonilex
in reply to Nonilex • • •[cont] the President may use force to protect an important national interest, but only so long as the force used does not amount to #war “in the constitutional sense” (which the #Constitution delegates #Congress alone the power to authorize, along with a host of other war-related powers found in #ArticleI).
#Trump #law #MiddleEast #Iran #USpol
Nonilex
in reply to Nonilex • • •Nonilex
in reply to Nonilex • • •Indeed, it would be hard to envision what circumstances do not amount to #war that #Congress must authorize if using #military force in #Iran in this set of circumstances does not reach that threshold.
Congress has options…to try to prevent the President from unlawfully using force, including through the #appropriations #power & the #WarPowersResolution of 1973.
#Trump #law #MiddleEast #USpol
Nonilex
in reply to Nonilex • • •Resolutions introduced by Sen Tim Kaine (D-VA) on June 16, by Sen Bernie Sanders (I-VT) on June 17, & by Reps Thomas Massie (R-KY) & Ro Khanna (D-CA) on June 17 seek to prevent the President from engaging in hostilities in #Iran without Congressional approval.]
#Trump #law #MiddleEast #Iran #USpol #Congress #Constitution #ExecutiveOverreach #AbuseOfPower #authoritarianism #AmericanAutocracy