Trump’s War on Iran Is Unconstitutional and Illegal
NEWS & RESEARCH
In February 2026, the Trump Administration coordinated with Israel to launch "expansive, deadly strikes" against Iran. While the Administration cited an "imminent threat" to justify bypassing Congressional approval, officials later admitted in closed briefings that no intelligence suggested Iran planned to attack first. As of May 1, 2026, the Iran “excursion” passed the 60-day threshold and 48-hour notice period the president is given to conduct a military operation without congressional approval. Trump maintained that the 60-day period was tolled by a cease fire, an assertion rejected by senior Democrats. Meanwhile, for the sixth time on May 13, 2026, the Senate rejected an attempt by Democrats to limit President Trump's ability to use military force against Iran on Wednesday. A motion to discharge the resolution from committee failed by a vote of 49 to 50. GOP Sens. Rand Paul, Susan Collinsand Lisa Murkowskivoted with most Democrats in favor of moving forward, while Sen. John Fetterman was the sole Democrat to oppose.
SOURCES: Politico | Reuters | New York Times | CBS News
ANALYSIS & OPINION
Legal experts argue these strikes constitute an illegal war violating both the U.S. Constitution and international law. Ilya Somin (George Mason University/Cato Institute) noted that because the attacks were "very obviously a war," they required a Congressional declaration. Similarly, UN Special Rapporteur Ben Saul stated the actions were not "lawful self-defense" and lacked UN Security Council authorization. Moreover, analysts note that the law doesn’t address ceasefires or provide they restart the clock on the 60-day period. Trump’s Iran war is most significant military action in American history undertaken without any form of congressional approval. Over a two-and-a-half-month period involving thousands of strikes and the killing of Iran's leader, the administration completely bypassed the legislature—the only branch constitutionally authorized to declare war—while failing to provide a coherent rationale or cooperate with congressional oversight, moving the US closer to an autocracy.
SOURCES: The Guardian | CNN | Al Jazeera | MS NOW | New York Times
HOW TO FIX IT
Congressional action:
Defund all military operations against Iran.
Pass a War Powers Resolution to block further unauthorized strikes.
Demand transparency regarding the war’s economic impact.
Advocate for a sustained ceasefire and a permanent end to the conflict.
Legislation:H.Con.Res.91 - Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran
