
Article I, Section 8 states that only Congress has the power to declare war While the President DOES have limited authority to act unilaterally to repel and IMMINENT attack, there was no evidence of such a threat before the strikes The sustained nature and scale of the strikes clearly qualify as WAR rather than a limited “hostility”
Yes but the War Powers Resolution (what you’re citing) is explicitly restricted to cases where a. War is formally declared, b. Specific statutory authorization from Congress, or c. A “national emergency created by attack upon the United States” or its forces Because there was no attack and no imminent threat of one per the evidence, the President’s unilateral action violates the text of the WPR
The Constitution explicitly grants Congress EXCLUSIVE power to declare war The commander-in-chief clause only grants the President the power to direct forces once a conflict has been authorized or in the narrow case of repelling a sudden attack on the U.S. Simply informing Congress is insufficient and does not satisfy the legal requirement for a formal declaration or a specific authorization
Congress can DECLARE the war. But the commander in chief clause gives the president the ability to utilize the military. We were in Vietnam without a declaration of war from Congress. That’s why the war powers act was created, to check the president’s abilities. The president can still conduct military action 60-90 days before requiring congressional approval through section 5(b) of the war powers act.