Legality of Trump Iran strikes questioned by some lawmakers in both parties

WASHINGTON — Several members of Congress in both parties Saturday questioned the legality of President Donald Trump’s move to launch military strikes on Iran.

While Republican leaders and many rank-and-file members stood by Trump’s decision to bomb Iran’s major nuclear enrichment facilities, at least two GOP lawmakers joined Democrats across the party spectrum in suggesting it was unconstitutional for him to bomb Iran without approval from Congress.

“While President Trump’s decision may prove just, it’s hard to conceive a rationale that’s Constitutional,” Rep. Warren Davidson, R-Ohio, who usually aligns with Trump, said on X. “I look forward to his remarks tonight.”

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Rep. Thomas Massie, R-Ky., said in response to Trump’s announcement of the strikes: “This is not Constitutional.”

Massie introduced a bipartisan resolution last week seeking to block U.S. military action against Iran “unless explicitly authorized by a declaration of war or specific authorization for use of military force against Iran” passed by Congress.

In brief remarks from the White House on Saturday night, Trump defended the strikes but did not mention the basis of his legal authority to launch them without Congress’ giving him that power.

Trump also criticized Massie as a “lazy, grandstanding, nonproductive” politician Sunday on Truth Social.

Sen. Tim Kaine, D-Va., said he plans to force a vote on his resolution to block Trump from taking military action in Iran unless it is approved by the House and the Senate first. He called Trump’s move “an offensive war of choice.”

“We’re going to have the briefing this week. We’ll have a vote,” Kaine said on “Fox News Sunday.” “I know many Republicans will fall in line and say a president can do whatever he wants. But I hope members of the Senate and the House will take their Article I responsibilities seriously.”

The resolution becomes eligible for a vote Friday, Kaine’s office said, and it is “privileged,” so he can force it to the floor. It would require a simple majority to pass.

The legal question flows from the War Powers Resolution, a law that says a president can launch military attacks only in three circumstances: a “declaration of war,” a “specific statutory authorization” from Congress or “a national emergency created by an attack upon the United States, its territories or possessions, its armed forces.” Congress has gradually ceded those powers under presidents of both parties in recent years.

Sen. Bernie Sanders, I-Vt., reacted to Trump’s announcement in real time on Saturday during a speech in Tulsa, Oklahoma, slamming his actions as “grossly unconstitutional.”

“The only entity that can take this country to war is the U.S. Congress. The president does not have the right,” Sanders told the crowd, which broke out in “no more war!” chants.

Some Democrats called it an impeachable offense for the president to bomb Iran without approval from Congress.

Rep. Alexandria Ocasio-Cortez, D-N.Y., said Trump’s move is “absolutely and clearly grounds for impeachment.”

“The President’s disastrous decision to bomb Iran without authorization is a grave violation of the Constitution and Congressional War Powers,” she said on X. “He has impulsively risked launching a war that may ensnare us for generations.”

Rep. Sean Casten, D-Ill., said on social media: “This is not about the merits of Iran’s nuclear program. No president has the authority to bomb another country that does not pose an imminent threat to the US without the approval of Congress. This is an unambiguous impeachable offense.”

Casten called on House Speaker Mike Johnson, R-La., to “grow a spine” and protect the war powers reserved for Congress.

Johnson said Trump respects the Constitution as he sought to lay the groundwork to defend his decision to act unilaterally.

“The President fully respects the Article I power of Congress, and tonight’s necessary, limited, and targeted strike follows the history and tradition of similar military actions under presidents of both parties,” he said in a statement.

Johnson’s remarks, along with support for Trump’s move offered by Senate Majority Leader John Thune, R-S.D., indicate that Trump may have sufficient political cover to avoid blowback from the Republican-controlled Congress.

House Minority Leader Hakeem Jeffries, D-N.Y., said Trump “failed to seek congressional authorization for the use of military force and risks American entanglement in a potentially disastrous war in the Middle East.” But he stopped short of labeling the military action illegal or unconstitutional.

House Minority Whip Katherine Clark, D-Mass., was more direct on the legal question.

“The power to declare war resides solely with Congress. Donald Trump’s unilateral decision to attack Iran is unauthorized and unconstitutional,” said Clark, the No. 2 Democrat. “In doing so, the President has exposed our military and diplomatic personnel in the region to the risk of further escalation.”

Senate Minority Leader Chuck Schumer, D-N.Y., responded by endorsing Kaine’s resolution.

“No president should be allowed to unilaterally march this nation into something as consequential as war with erratic threats and no strategy,” Schumer said in a statement. “We must enforce the War Powers Act, and I’m urging Leader Thune to put it on the Senate floor immediately. I am voting for it and implore all Senators on both sides of the aisle to vote for it.”

Meanwhile, some Democrats, including Rep. Steny Hoyer of Maryland, the party’s former No. 2 in the House, and Rep. Josh Gottheimer of New Jersey, offered support for the strikes and did not raise any legal concerns.

And Sen. John Fetterman of Pennsylvania offered unequivocal praise for Trump’s decision.

“As I’ve long maintained, this was the correct move by @POTUS,” Fetterman wrote on X. “Iran is the world’s leading sponsor of terrorism and cannot have nuclear capabilities. I’m grateful for and salute the finest military in the world.”

Appearing Saturday night on MSNBC, Rep. Ro Khanna, D-Calif., who co-authored the resolution with Massie, wondered whether the anti-war voters who support Trump would back his move.

“This is the first true crack in the MAGA base,” he said, noting that Trump’s rise in the 2016 primaries was aided by his move to slam President George W. Bush for the Iraq war.