The Iran War Is Illegal

When President Trump joined Israel in starting a war against Iran, there was no imminent threat. There was no justification for military action without Congressional approval.

It was an illegal war from the start, and it remains illegal even by the justifications given.

Going to war is a power that the Constitution bestows solely upon Congress to ensure debate, discussion, and public views are considered before sending the American people to war. The reason it took so long for the United States to join the Second World War is that the public was against it, and Congress wouldn’t authorize it.

Since then, Presidents have increasingly bypassed that power by claiming that their activities are anything other than war, using terms like “special military intervention” and “armed response”.

After the presidential overreach during the Vietnam War, particularly the secret bombings of Cambodia, Congress enacted the War Powers Resolution to place more formal restrictions on how presidents can utilize the military without Congressional approval. Congress was so united in this effort that it overcame a veto by then-President Richard Nixon.

This resolution gives the president the authority to deploy the military to address imminent threats and emergencies. It requires the President to brief Congress on the action he took within 48 hours and then allows 60 days of conflict before military forces must be withdrawn if Congress has not passed an authorization for the use of military force. Here is the specific text of the resolution regarding the 60-day timeframe:

Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

There was no imminent threat. Iran was not working on a nuclear weapon. US intelligence confirmed this in their 2025 threat assessment. This report is available to the public. Here is what it says:

“We continue to assess Iran is not building a nuclear weapon and that Khamenei has not reauthorized the nuclear weapons program he suspended in 2003”

The report also warned that a conflict in Iran would cause it to disrupt supply lines in the Strait of Hormuz and attack other countries in the region, despite this administration claiming that Iran’s response was a surprise:

“Iran’s large conventional forces are capable of inflicting substantial damage to an attacker, executing regional strikes, and disrupting shipping, particularly energy supplies, through the Strait of Hormuz.”

Not only was Iran not working on a nuclear weapon, but the Trump administration claimed the bombings in June that utilized stealth bombers with bunker buster munitions had destroyed Iran’s nuclear program. Obliterated was the term he used.

Intelligence reports also concluded that Iran was not planning to attack US forces, only that it would retaliate if attacked.

All of this means Trump was required to get approval from Congress before starting the war. He did not, and Congress refused to hold him accountable. Today marks 60 days, and the war continues on in violation of the War Powers Resolution. Congress has not declared war, has not legally extended the 60-day limit, and the US is not facing an armed attack.

Not only has Congress not approved an authorization, but they left town as quickly as they could yesterday to avoid dealing with it.

The Iran War is the most unpopular war America has engaged in; support is even lower than for the Vietnam War, which, up until this conflict, had been the most regretted war in US history.

Republicans want to avoid the fallout from this disaster. The midterms are going to be a major repudiation for the Grand Old Party, and no one wants to be on the record supporting this poorly planned failure of a war.

Republicans are also too cowardly to stand against Trump and face his wrath of late-night tweets. So they’re avoiding dealing with the issue for as long as possible, even as Trump violates the law.

There is no clear goal for this war, no exit strategy, and gas has skyrocketed to the highest cost in four years. Inflation is at its highest level in 2 or 3 years, depending on the metric used, and continues to rise. All of this is because of a war that never needed to happen.

Without a Congress that is willing to do its job, the illegal war will continue.

It is up to voters to show how unacceptable this is. Voters must remove from office every politician who refuses to stand up to the president and do their job. The midterms are coming.

https://www.dni.gov/files/ODNI/documents/assessments/ATA-2025-Unclassified-Report.pdf