Presidents Of Both Parties Have Launched Military Action Without Congress Declaring War − Trump’s Bombing Of Iran Is Just The Latest
President Franklin D. Roosevelt signs the U.S. declaration of war against Japan on Dec. 8, 1941. U.S. National Archives BY SARAH BURNS ASSOCIATE PROFESSOR OF POLITICAL SCIENCE, ROCHEDSTER INSTITUTE OF TECHNOLOGY In the wake of the U.S. strikes on Iranian nuclear facilities on June 22, 2025, many congressional Democrats and a few Republicans have objected to President Donald Trump’s failure to seek congressional approval before conducting military operations. They note that Article 1 of the U.S. Constitution gives Congress the power to declare war and say that section required Trump to seek prior authorization for military action. The Trump administration disagrees. “ This is not a war against Iran ,” Secretary of State Marco Rubio told Fox News host Maria Bartiromo, implying that the action did not require approval by Congress. That’s the same view held by most modern presidents and their lawyers in the Office of Legal Counsel: Article 2 of the Constitution allows the president to u...
