Sunday morning, Donald Trump announced that USA had joined the guerra of Israel contra Iran by bombarding three important nuclear plants of the Persian country. He did it without consulting Congress or informing the Democratsa unilateral action that their critics have labeled illegal and equivalent to a declaration of war.
High positions of the Trump administration have come out in Tromba in the last hours to publicly defend that it is a limited attack and not a war. “We are not at war with Iran. We are at war with the Iranian nuclear program,” said the US vice president Jd vance. “This is not a war against Iran,” reiterated the Secretary of State, Marco Rubio.
However, Trump himself has suggested that the military action of Washington He could go further, opening the door to a hypothetical overthrow of Islamist theocracy. “If the current Iranian regime is unable to make Iran great again, why would there be a regime change?”
Power of Congress
The Constitution of USAin force since 1789, it only grants to the Congress The power to “declare war”, “establish norms on land and sea catches” and “recruit and maintain armies.” It does so in section 8 of article first.
This clause, which was introduced to limit the president's power, has been summoned by Democrats and some Republicans To denounce that Trump has acted unilaterally without consent from the legislative arm and that his order to bomb will violate the American Magna Carta.
The US Congress has only formally declared war on five occasions, and none since World War II reports The New York Times. George W. Bush If he went to the Chamber to request authorization for the use of the Armed Forces in Afghanistan e Irakbut he did it through a legal formula equivalent to the formal declaration. Your successor, Barack Obamahe did not bombard Syria to fear a refusal of Congress.
Power of the President
However, in the second article it is specified that the Executive Power is deposited in the President and that it is commander in chief of the US Army and Navy.
Vance and republican hawks as Lindsey Graham They have used this constitutional stipulation to justify that Trump has “all the authority he needs” to order the attack against Iran.
Presidents both Democrats and Republicans have supported interpretations of the Second article of the Constitution to justify military actions without needing the support of legislators. He did it Ronald Reagan by attacking Libya, Granada and Lebanon; George H. W. Bush By invading Panama or Bill Clinton By bombarding the Serbs of Yugoslavia.
Although Congress introduced a resolution in 1973 to force the president to “consult all participation in hostilities,” this has not been enforced.
International Law
Several jurists and academics interviewed by The New York Times note that the US is undoubtedly at war with Iran and that, in violating the sovereignty of another member of United NationsTrump has violated international law.
The administration argues that Iran is an “imminent” threat, an attribute that could help legally justify its performance. However, this requirement is difficult to apply in this case, since even US intelligence services have indicated that Tehran has not yet decided whether or not it will manufacture a bomba nuclear.
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