US War Powers Act: Can The President Declare War Alone

Until President Donald Trump confirmed that the United States carried out "very successful" strikes on Iran's nuclear facilities at Fordow, Natanz, and Isfahan, he remained non-committal and ambiguous about America's involvement in Israel's war with Iran.

"I may do it. I may not," Trump said on Wednesday when asked whether he planned to join the conflict.

That uncertainty vanished Sunday when US military jets launched precision strikes on key Iranian nuclear sites. Shortly after the operation, Trump declared, "Now is the time for peace."

This has led to debate over presidential war powers. Critics argue that Trump bypassed Congress, which, under the US Constitution, holds the sole authority to declare war.

What Is The War Powers Act?

The War Powers Resolution of 1973, commonly known as the War Powers Act, is a federal law intended to check the president's authority to commit US military forces to armed conflict without Congressional approval. It was enacted by Congress as a direct response to the Vietnam War (1955-75) and, more specifically, President Richard Nixon's secret bombing of Cambodia, which killed thousands and sparked mass protests across the US.

Who Can Declare War In The US?

The US Constitution divides war powers between the legislative and executive branches. Under Article I, Section 8, Congress holds the power to declare war, raise and fund armies, and regulate the armed forces. Article II designates the president as Commander-in-Chief, granting the executive authority to lead the military and respond to emergencies. This division was meant to prevent unilateral decisions about war by any one branch of government.

Can A President Strike Without Congressional Approval?

Under the War Powers Act, if the president sends US troops into combat or near conflict, they must tell Congress within 48 hours.

After that, the president can keep troops there for up to 60 days without approval. If Congress doesn't give the green light, the president has 30 more days to pull the troops out, making a maximum of 90 days without official authorisation.

When Did The US Last Declare War?

The last time the US formally declared war was in 1942, during World War II, against Bulgaria, Hungary, and Romania.

Since then, the US has engaged in some deadly wars, including Korea, Vietnam, the Gulf War, Afghanistan, and Iraq, without formal declarations. It has also carried out military interventions and airstrikes in countries like Libya, Serbia, Somalia, and Yemen, relying instead on congressional authorisations or presidential powers.

How Does The US Go To War Without Declaring It?

The US has often bypassed formal war declarations by using Authorisations for Use of Military Force (AUMFs), laws passed by Congress to allow specific military actions. After 9/11, the 2001 AUMF gave President George W Bush broad powers to target al-Qaeda and its allies.

In 2002, a second AUMF-authorised action against Iraq led to the 2003 invasion. Both laws remain in effect and have been used by later presidents to justify military operations far beyond their original scope.

For instance, President Donald Trump cited the 2002 AUMF to justify the 2020 drone strike on Iranian General Qassem Soleimani.