President Donald Trump did not need congressional approval to authorize the strikes on Iran, argue Professors Geoffrey Corn, Claire Finkelstein, and Orde Kittrie in an opinion for the Washington Post. While the War Powers Resolution of 1973 forbids the president from sending U.S. troops into hostilities without first consulting Congress, presidents from both parties have long employed military force unilaterally. The Justice Department has consistently held the position that, in situations where the use of force serves national interests and is limited in time and scope, the president has the authority to engage in military action independent of congressional approval.

LTC Geoffrey Corn, USA (ret.), a Texas Tech University law professor and JINSA distinguished fellow, previously served as the U.S. Army’s senior law of war expert. He is a member of CERL’s Advisory Council. Read his bio here.

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule of Law. Read her bio here.   

Orde Kittrie, an Arizona State University law professor and senior fellow at the Foundation for Defense of Democracies, previously served as the lead U.S. State Department attorney for nuclear issues. He is a member of CERL’s Advisory Council. Read his bio here.

The views expressed here are the authors’ own and do not necessarily represent those of any organization or university.