The legal expert defends Trump’s authority to strike Iran without the congress
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While the legislators compete in their position in the chain of command while President Donald Trump is thinking about a possible strike on Iran, an expert believes that the president is in his constitutional authority to move forward with a bunker bomb.
Legislators on both sides of the aisle are involved in the debate on their peak order. Some argue that they should have the only power to authorize a strike, not to mention war, while others think that it is in Trump’s aim if he wanted to join Israel’s bombing campaign against Iran.
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An expert believes that the president is in his constitutional authority to move forward with a bunker bombing of Iran. (AP photo / Mark Schiefelbein)
The predominant argument on the hill is that the interest of supporting Israel is to prevent the Islamic Republic from creating or acquiring a nuclear weapon.
However, a legal scholar who helped develop the 2001 authorization for the use of military force (AUMF), which authorized the use of the American armed forces to engage with the entities which, according to George W. Bush, were at the origin of the terrorist attack of September 11, 2001 in New York, argued that there was a difference between the Constitutional Authority of the Congress to declare the war and the President Force Abroad.
“The position we have accepted so, I think, is the same as Trump should take now,” John Yoo told Fox News Digital. “As a legal question, the president does not need the authorization of the congress to engage in hostilities abroad. But as a political affair, it is very important for the president to go to the congress and to present the United Front to our enemies.”
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Senator Tim Kaine, D-VA., Submitted a resolution that would require a debate and a vote before any force is used against Iran. (Getty Images)
The Constitution divides the powers of war between the Congress and the White House, giving legislators the only power to declare war, while the president acts as commander -in -chief leading the army. Almost two centuries later, at the height of the Vietnam War, the resolution of the 1973 war powers was born, which sought to define these roles more.
Yoo agreed that the Constitution was clear that Congress has the sole power to declare war, which effectively modifies the country’s legal status. However, he replied that “the editors did not think that the language meant that the president and the congress are like the two arms agents on a nuclear submarine and had to turn the keys at the same time to use the force”.
“The founders were very practical men, and they knew that Congress is slow to act, that Congress is a great body that is deliberated, but it is the president who acts quickly and decisively to defend the nation,” he said.
The addition of fuel to the debate in Washington is a pair of resolutions in the Senate of the Senator Tim Kaine, D-VA., And the Chamber, of the representatives Thomas Massie, R-Ky., And Ro Khanna, D-Calif., This would require a debate and a vote before any force is used against Iran. The measures are designed to control the power of Trump and reaffirm the constitutional authority of the congress.
President Donald Trump, on the left, and representative Thomas Massie. (Win McNamee / Pool / AFP via Getty Images | Images Kevin Dietsch / Getty)
Yoo said that resolutions seemed to be forms of “political opportunism” and noted that when former president Joe Biden wanted to send help to Ukraine, when former president Barack Obama signed up abroad or when Trump authorized a drone strike to kill the Iranian general Qasem Soleimani, there was no demanding resolution that the congresses said.
“People on the hill confuse what is constitutionally necessary with what is politically appropriate,” said Yoo. “Two very different things.”
The true power of the congress during the war, he said, was the power of the bag, which means that the capacity of the legislators to decide to finance the Pentagon and the military in their credits process. The Republicans are currently working on Ram Trump’s “big and beautiful bill” through Congress and on his desk by independence day.
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Inclusion in the colossal bill represents around $ 150 billion in funding for the Ministry of Defense.
“If the Congress really does not want us that we do not want Trump to do it more deeply in the War of Israel-Iran,” said Yoo. “All they have to do is not finance the army.”
“What is ironic is that you have people who vote to give tens of billions of additional dollars to the Ministry of Defense, who then turn around and complain that they do not have the capacity to vote on war,” he said. “Whenever they vote for funding, they vote to make war possible.”
