Tikvah
Editors’ Pick

June 26, 2025

Why the President Didn’t Need Congress’s Permission to Attack Iran

The Constitution, international law, and the twelve-day war.

When American B-2s began bombing Iranian nuclear facilities, ferocious criticism immediately bubbled up from both the left and the right. Much of it was offered in bad faith; more was illogical or incoherent. One possible exception, made even by good-faith critics, was the claim the Constitution prohibits the president from waging war without authorization from Congress. Orde Kittrie explains why this argument still doesn’t pass muster. First, it has precedent in the actions of the past four presidencies:

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