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Operation Midnight Hammer, the June 22 US strike targeting Iranian nuclear facilities, has revived a longstanding debate over presidential authority to initiate military action without congressional approval.
Under the War Powers Resolution of 1973, presidents must notify Congress within 48 hours of military action and end operations unless Congress approves within a 60- or 90-day period. While Article I, Section 8 of the Constitution assigns Congress the power to declare war, presidents have frequently launched military operations without formal declarations, citing their role as commander-in-chief.
In a press conference hours after the attack, Defense Secretary Pete Hegseth said that the administration fulfilled its legal obligations under the War Powers Resolution, notifying Congress “immediately” after US bombers exited Iranian airspace, CatholicVote reported.
Vice President JD Vance also defended President Donald Trump’s decision during an interview on NBC’s “Meet the Press,” calling the strike a “surgical” move to prevent nuclear proliferation.
“We’re not at war with Iran,” Vance said. “We’re at war with Iran’s nuclear program.”
At a June 22 United Nations Security Council meeting, US Ambassador Dorothy Shea invoked the UN Charter’s provisions for self-defense, arguing the strike was consistent with international law.
“This operation sought to eliminate a longstanding but rapidly escalating source of global insecurity and to aid our ally Israel in our inherent right of collective self-defense, consistent with the U.N. Charter,” Shea said, according to The Wall Street Journal.
In response, Iranian ambassador Amir Saeid Iravani condemned the strike as “blatant aggression,” accusing the US of escalating hostilities.
The Wall Street Journal also reported that the Justice Department’s Office of Legal Counsel, citing historical precedent, argued that the War Powers Resolution permits significant executive discretion in protecting national interests.
Critics on both sides, however, have raised constitutional concerns.
“This is not Constitutional,” Rep. Thomas Massie, R-Ky., wrote on X after the attack.
Massie introduced legislation days earlier to block any US military action against Iran without congressional authorization. As CatholicVote previously reported, Sens. Bernie Sanders, I-Vt., and Sen. Tim Kaine, D-Va., led similar efforts last week in the Senate.
Sen. Chris Van Hollen, D-Md., called Trump’s actions a clear violation of the Constitution, arguing in a June 21 statement that “only the Congress has the authority to declare war.” However, no formal declaration of war has been issued.
Meanwhile, supporters pointed to extensive historical precedent for executive action.
“Congress can declare war or cut off funding. We can’t be the commander-in-chief. You can’t have 535 commander-in-chiefs,” Sen. Lindsey Graham, R-S.C., told NBC News Sunday. “He had all the authority he needs under the Constitution.”
Since World War II, several presidents have ordered military actions without formal war declarations, The New York Times reported.
According to the Times, President Harry Truman sent troops to Korea, while Presidents Reagan, Clinton, and Obama ordered military action in multiple nations. Trump previously authorized the 2020 airstrike killing Iranian General Qassem Soleimani without prior approval. More recently, former President Joe Biden ordered strikes against Yemen’s Houthi militia last year, and Trump did the same earlier this year.
However, there are notable exceptions to this precedent.
Former President George H.W. Bush secured authorization for the 1991 Gulf War, as did President George W. Bush for Afghanistan and Iraq. In 2013, Obama sought, but failed to obtain, congressional approval for a planned Syria strike.
