Trump’s unilateral attack against Iran sparks debate over constitutional role of Congress

President Trump’s unilateral decision to strike Iran’s nuclear facilities is reigniting a constitutional clash over whether the commander in chief overstepped his constitutional authority.

Most of the criticism is coming from Democrats, and some insist Mr. Trump’s order is grounds for impeachment.

“Congress needs to authorize a war against Iran,” Sen. Tim Kaine, Virginia Democrat, said Sunday on CBS’s “Face the Nation.” “This Trump war against Iran, we have not.”

“The United States should not be in an offensive war against Iran without a vote of Congress,” Mr. Kaine said. “The Constitution is completely clear on it.”

Vice President J.D. Vance responded to the criticism by saying that “the president has clear authority to act to prevent proliferation of weapons of mass destruction.”

“The idea that this was outside of presidential authority, I think any real serious legal person would tell you that’s not true,” Mr. Vance said.

The Constitution gives Congress the power to declare war, but the president has the power to manage the armed forces.

The War Powers Resolution, enacted in 1973, attempts to bridge that gap by allowing the president to deploy troops for up to 60 days but requiring him to seek congressional approval to extend the commitment beyond that period.

Presidents of both parties have ordered military actions without congressional approval. President Reagan bypassed Congress in 1983 when he sent troops into Grenada to protect Americans on the island against pro-communist forces.

President George H.W. Bush ordered an invasion of Panama to oust the government of Manual Noriega. President Clinton ordered air and missile strikes against Yugoslavia to protect Kosovo, and President Obama committed U.S. troops to an international military force in Libya.

The Obama administration said it was following the law by alerting Congress of its intentions regarding Libya, which involved setting up a no-fly zone to protect Libyan rebels fighting the government of Col. Moammar Gadhafi.

The Trump administration did not tell top Democrats on the House and Senate intelligence committees — Rep. Jim Himes of Connecticut and Sen. Mark R. Warner of Virginia, respectively — about the strikes beforehand. The White House gave a heads-up to Republican intelligence committee chairs, Rep. Rick Crawford and Sen. Tom Cotton, both of Arkansas.

A member of the Senate Armed Services Committee, Mr. Kaine, introduced a war powers resolution last week that would require Congress to debate and vote before using any U.S. military force against Iran.

Mr. Kaine said he expects the Senate to take up the proposal this week.

Reps. Thomas Massie, Kentucky Republican, and Ro Khanna, California Democrat, introduced a similar measure in the House that would prohibit U.S. forces from engaging in hostilities against Iran without congressional approval.

House Speaker Mike Johnson, Louisiana Republican, backed Mr. Trump. He said the president “made the right call” and “evaluated that the imminent danger outweighed the time it would take for Congress to act.”

“The President fully respects the Article I power of Congress, and tonight’s necessary, limited, and targeted strike follows the history and tradition of similar military actions under presidents of both parties,” Mr. Johnson posted on X.

Mr. Massie said Mr. Johnson was likely referring to the War Powers Act of 1973, but he added, “That has been misinterpreted.”

“There were no imminent threat to the United States, which is what would authorize that,” Mr. Massie said on CBS’s “Face the Nation.” “I think that’s peculiar to hear that from the speaker of the House.”

“Congress was on vacation last week when all this was happening,” he said. “We haven’t been briefed. They should have called us all back and, frankly, we should have debated this war powers resolution.”

Critics noted the Israeli foreign minister’s remark that his country’s bombing had set back the Iranian nuclear program at least two or three years.

However, Secretary of State Marco Rubio said Iran has “everything they need for a nuclear weapon.”

“They have the delivery mechanisms, they have the enrichment capability, they have the highly enriched uranium that is stored,” Mr. Rubio said on “Face the Nation.”

Others have taken their outrage further.

“The President’s disastrous decision to bomb Iran without authorization is a grave violation of the Constitution and Congressional War Powers,” Rep. Alexandria Ocasio-Cortez posted on X. “He has impulsively risked launching a war that may ensnare us for generations.”

“It is absolutely and clearly grounds for impeachment,” Ms. Ocasio-Cortez wrote.

Rep. Sean Casten, Illinois Democrat, said the Trump-approved strike was “an unambiguous impeachable offense.”

“I am open to the idea that the U.S. should attack Iran,” said Mr. Casten, acknowledging that Tehran is a nuclear threat. “But I am not open to the idea that Congress cedes all authority to the executive branch. No matter how many lickspittle sycophants in the GOP argue to the contrary.”