Three Weeks In
Thirteen American service members are dead. Oil is trading at $110 a barrel. Gas has jumped 30 cents a gallon in less than a month. The Strait of Hormuz — through which roughly 20 percent of the world's oil supply moves — is effectively closed. Iran's Health Ministry puts the civilian death toll above one thousand. And last Monday, the President of the United States declared the war "pretty well complete." We have seen this movie. We know how it ends. This is not a column about whether Iran posed a long-term threat. It posed a threat. Most serious people agree on that much. This is a column about how you go to war — who decides, what the law requires, what the truth actually is — and whether any of those things matter anymore. The answer the Trump administration has given us, through three weeks of bombs and boosterism, is: not really.
The Constitution Didn't Take a Day Off
Let's start with the basics. The Constitution gives Congress — not the president — the power to declare war. The War Powers Resolution, passed in 1973 after presidents spent decades fighting undeclared conflicts in Korea and Vietnam, requires the executive to notify Congress within 48 hours of committing forces and limits unauthorized military action to 60 days without congressional approval. Trump did not seek authorization. He did not consult Congress in any meaningful way. He struck Iran on February 28 and informed legislators afterward. Senate Democrats tried to reassert congressional authority through a War Powers Resolution. It failed 53-47, mostly along party lines. [1] That vote is being treated as proof that the war is legally settled. It isn't. A congressional failure to act is not the same as congressional authorization. Fifty-three senators declining to restrict the president is not the same as fifty-three senators voting to approve the war. The Constitution didn't get repealed by a procedural motion. Senator Chris Van Hollen took the Senate floor this week and called this "an illegal regime-change war of choice." [3] That's not hyperbole. It's a legal argument: no imminent threat was established, no authorization was sought, and the administration's own intelligence director, when pressed, essentially said that the definition of "imminent" is whatever the president says it is. That last part deserves to be repeated out loud. DNI Tulsi Gabbard, when asked by Senator Jon Ossoff whether the intelligence community had confirmed an imminent threat before the strikes, responded that "only the president can determine imminent threat." [1] Read that again. In the administration's view, the threshold that justifies going to war is not an intelligence assessment. It's presidential belief. Unfalsifiable, unreviewable, unchallengeable. If you're not troubled by that, you haven't thought it through.
