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Yes.
Recent presidents have repeatedly ordered military attacks on other countries despite questions over whether congressional approval was needed.
The latest was Republican Donald Trump’s June 21 bombing of Iran’s nuclear facilities. His administration said he had authority to limit nuclear proliferation.
Trump in 2017 cited national security interests for a missile strike on a Syrian base that was used to launch chemical weapon attacks on Syrian civilians.
In 2021, Democrat Joe Biden ordered an airstrike on Iran-backed militia groups in Syria, citing “self-defense.”
In 2011, Democrat Barack Obama ordered “limited” airstrikes on Libya. He said he was trying to protect pro-democracy protesters targeted by Libyan dictator Moammar Gadhafi.
The Constitution says only Congress has the power to declare war.
But that provision “has never been interpreted — by either Congress or the executive branch — to require congressional authorization for every military action that the president could initiate,” a Council on Foreign Relations legal expert wrote.
This fact brief is responsive to conversations such as this one.
Sources
- Council on Foreign Relations: Does Trump Have the Authority to Strike Iran?
- New York Times: Is the U.S. at War With Iran?
- Associated Press: US inserts itself into Israel’s war with Iran, striking 3 Iranian nuclear sites
- NPR: Trump administration defends Iranian strikes as some lawmakers question its legality
- CBS News: How Trump was able to order U.S. strikes on Syria without congressional approval
- DOD News: Trump Orders Missile Attack in Retaliation for Syrian Chemical Strikes
- Politico: Democrats renew push for war powers overhaul after Biden’s Syria strike
- CNN: Biden sends letter to congressional leadership explaining justification for Syria strike
- Politico: Obama approves airstrikes against Libya, March 19, 2011
- U.S. Justice Department: Authority to Use Military Force in Libya
- National Constitution Center: Does the president need Congress to approve military actions in Iran?
- National Constitution Center: U.S. Constitution Section 1
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