“Once you’ve built the big machinery of political power, remember you won’t always be the one to run it.” P. J. O’Rourke
So much is being made about the recent bombing of Iranian nuclear facilities regarding whether or not Trump’s actions are constitutional that you would think this was a unique event, but it was anything but. The US Constitution is clear and unequivocal that only Congress can declare war, and although such presidents like McKinley and Wilson fabricated the reasons for the Spanish American and the Great War, they nevertheless observed the constitutional requirement for congressional approval; unfortunately, as perhaps an unintended consequence of the 1973 War Powers Act, FDR was the last president to do so.
There have been many military conflicts since the end of WWII involving the US, but in none of them do we find a congressional declaration of war; Presidents Truman, Kennedy, Johnson, Reagan, Bush, Clinton, Obama and now Trump have exercised “War Powers” without having a congressional declaration of war. Given the constitution’s unequivocal enumeration of war powers for congress alone, and the fact that these presidents, with the exceptions of those prior to 1973, relied on the War Powers Act of that year, raises the commonsense question as to why we needed a “War Powers Act” to begin with?
Truman relied on the UN resolution for an “International Police Action”, involving almost 300,000 US troops, as if the UN had US congressional power. Kennedy and Johnson relied on the “Domino Theory” as a substitute for a congressional declaration of war, committing 550,000 US troops. All subsequent presidential actions involving war relied on this curious legislation whose stated intent was to limit such action, despite the fact that the US Constitution already made it an enumerated power for congress alone; the President is not a king.
Among the constitutions executive powers is for the president to be the commander-in-chief; however, he is that for everyone in the executive branch, not just the military, but that is not a legislative power. Using the “shared powers” argument for presidential war powers is at best disingenuous. The president’s role regarding war powers is to sign or veto a congressional resolution for war, as is the case for all legislation. Curiously, given Nixon’s penchant for power lust, it was surprising that he initially vetoed the War Powers Act; which brings us back to the question as to why we needed it to begin with?
Among the reasons given for this act was the clear and present danger doctrine that the constitution requires the president to protect the US from foreign attacks, and even imminent danger of attacks against the US, but the War Powers Act goes further by extending to the president a considerable period of time before he needs congressional approval. Even way back in the ancient times of 1973 we had sufficient information technology to make such latitudes questionable; the act does require that within 48 hours the president must advise congress of such actions, but for 60 days does not need congressional approval to wage war. Despite Nixon’s reticence to sign the War Powers Act, what it did was provide presidents with what the constitution did not, the power to wage war.
If the argument against Trump’s action is reduced to a quantitative analysis, then we have to compare it to what others have done. For example, the strike against Iranian nuclear facilities consisted of a one-day event involving high tech bombs and cruise missiles on one country, whereas over the course of his presidency, Barack Obama authorized more than 26,000 bomb drops against seven countries. If the argument in support of Trump’s action is raised to a qualitative analysis, we are relying on the intelligence assets of the US that Iran presented a clear and present danger to the US, i.e., an imminent nuclear attack. Obama’s attacks on such countries like Libya and Syria are not supported by any facts that they represented a clear and present danger to the US. Skepticism about US intelligence in relation to clear and present dangers is supported by such things like the “Gulf of Tonkin Incident”, “Weapons of Mass Destruction”, or “Remember the Maine”.
We are told that Israel has solid intelligence regarding Iran’s nuclear capabilities and intentions of imminent attacks on Israel and the US. If so, and assuming we are not dealing with another WMD episode, what then prevents Trump from going to Congress for a declaration of war against a clear and present danger? It is reported from that same intelligence source that Iran moved their enriched uranium out of the facilities that the US bombed; do they know where to? As far as what happens next, it’s not a question as to whether or not the US is in a war with Iran because bombing a foreign country is an act of war; we can sugar coat it with descriptions of a precision strike, saving democracy, or any other evasive language, but war is still just war.
“The object of waging a war is always to be in a better position in which to wage another war.” George Orwell
