The Founding Fathers were clear about lots of things, but in the era of modern warfare, who calls the shots and has the final say to head into battle was not the Founders’ most crystalline moment.
Article I, Section 8 of the Constitution grants Congress the power to “declare War.” But Article II, Section 2 of the Constitution anoints the President “Commander in Chief.”
Constitutional scholars argue that Congress must adopt a resolution before sending service personnel into hostilities abroad under the aegis of “war.” But what if you just dispatch B-2 bombers from Whiteman Air Force Base in Missouri to fly halfway around the world and slingshot 14 bunker buster bombs into three of Iran’s nuclear facilities? Or if you greenlight Ohio Class subs to fire 30 Tomahawk missiles into Iran as well?
TRUMP RECEIVES MIXED SUPPORT FROM CONGRESS FOR IRAN STRIKES AS WAR POWERS DEBATE RAGES
Are you “at war?” Does the president have the authority to do that? What about Congress?
Well, if you say the president — or Congress — both can be right.
Or wrong.