As commander in chief, President Trump has significant constitutional latitude to use force in defense of American interests.
I note this truth in light of Democratic Rep. Elise Slotkin’s new war powers resolution. Supported by House Speaker Nancy Pelosi, the resolution aims to prevent Trump from carrying out strikes similar to the recent U.S. military operation to kill Islamic Revolutionary Guard Corps Gen. Qassem Soleimani.
To be clear, while the resolution bars Trump from launching a major war against Iran, it will not affect his ability to order limited new strikes against Iran.
The resolution directs Trump to “terminate the use of U.S. armed forces to engage in hostilities in or against Iran or any part of its government or military, unless (1) Congress has declared war or enacted specific statutory authorization for such use of the armed forces. (2) Such use of the armed forces is necessary and appropriate to defend against an imminent armed attack upon the United States … ”
The critical caveat here is the second.
Democrats suggest it is up to Congress to decide what constitutes an “imminent” threat, and what would constitute a “necessary and appropriate” response to it. But they’re wrong. It is the president’s preserve to interpret whether a threat requires military intervention and how. That’s for a good reason. Consider that Iran’s Quds Force and MOIS intelligence service specifically operate towards mitigating their culpability in plots and the risks of being detected.
Intelligence indications of a looming attack thus rarely provide a timeline for actuation or a full picture of the parties involved. Yet to presume the president cannot act without absolute confidence of a threat’s character is to ensure the nation’s vulnerability. Asserting that 535 members of Congress can decide the measure of any particular Iranian threat is equally absurd.
Yes, vesting the president as commander in chief, the founders made explicit that the president is not a supreme authority. The Constitution makes clear that Congress has the power to declare war. But the founders also recognized that the nation’s defense and the supervision of active military operations ultimately require a unitary authority. After all, a fundamental principle of effective military operations is the unambiguous and efficient chain of command. Note the Supreme Court’s longstanding reluctance to limit the president’s flexibility to interpret imminence of threat, and act against it. The Court recognizes the Constitution’s interest in ensuring the nation’s effective defense.
Congress can pass this resolution. But the next time Trump is briefed that the IRGC or some other adversary actor is planning near term attacks on America, he can order the use of military force against them. Still don’t believe me?
Then let’s see whether the Supreme Court rules against Trump next time he does so.
