Congressional Authorization Debate Complicated by Past Democratic Presidents’ Military Actions
Some Democrats are criticizing President Trump for taking action against Iran without getting approval from Congress. However, they may want to reconsider their stance because Democratic presidents have also made similar decisions over the years.
History has complicated the Democrats’ current claim that Trump broke the law by attacking three Iranian nuclear sites over the weekend without getting approval from Congress first.
Republican Defense Points to Democratic Precedents
Republican leaders have paid close attention to the recent military strikes on Iran, viewing them as essential for keeping the country safe. They support former President Trump’s ability to order these actions on his own. These leaders are also referencing the decisions made by past presidents, like Clinton, Obama, and Biden, to strengthen their points.
House Speaker Mike Johnson from Louisiana told reporters after the recent military strikes that since World War II, there have been over 125 military actions, including the wars in Korea, Vietnam, Iraq, and Afghanistan. He pointed out that these operations took place without Congress officially declaring war. He noted that presidents from both political parties have often taken this action.
The Pattern of Unilateral Action Across Administrations
Johnson highlighted several instances from recent Democratic presidents who ordered military actions. He pointed out that President Biden authorized strikes against terrorist groups in countries like Yemen, Syria, and Iraq. Meanwhile, President Obama carried out a lengthy bombing campaign in Libya, and President Clinton conducted bombings in the former Yugoslavia during the Bosnian War in the mid-1990s.
“Johnson mentioned that all those actions were done on their own without getting permission from Congress first.”
Throughout recent history, every Democratic president, from Bill Clinton to Barack Obama and most recently Joe Biden, has used U.S. military forces to carry out attacks on targets in other countries. These actions have taken place in places like Bosnia, Syria, Libya, and Yemen. Although these presidents occasionally looked for support from Congress, they never actually received formal approval for their military actions.
Democrats Acknowledge Past Inconsistencies
The situation is pushing Democrats to confront their past decisions, especially as many of them are now calling for Trump to stop any military actions in Iran unless Congress gives clear approval. Some of them openly admit that it’s a bit contradictory and express regret that Congress didn’t take a stronger stand against those past military actions led by Democrats.
“Just because something was accepted in the past doesn’t mean it’s still okay today,” said Rep. Ted Lieu from California. He’s a former Air Force lawyer and now serves as the vice chairman of the House Democratic Caucus. “The Constitution is clear that only Congress has the authority to declare war. This has been a problem for both political parties, as Congress has given away too much of its power to the president.”
Congressional Leadership Calls for Future Accountability
Rep. Pete Aguilar from California, who leads the Democratic Caucus, expressed his concerns about how politics in Washington can sometimes limit Congress’s willingness to use its power to control decisions about war. He noted that this happens especially when different political parties are in charge of Congress and the presidency.
“That’s a bit disappointing. Perhaps we overlooked some chances,” Aguilar remarked.
“But that doesn’t mean we ignore what’s happening right now,” he quickly said. “It doesn’t mean we allow Donald Trump to take advantage of us. It means we need to assert our authority and represent what our community wants every chance we get.”
Constitutional Framework and War Powers Debate
The Constitution explains that both Congress and the President have important responsibilities when it comes to military actions. Congress has the authority to declare war, while the President, as the leader of the Armed Forces, is in charge of carrying out military operations that Congress approves.
Over the past hundred years, the power balance between Congress and the president has shifted significantly. The last time Congress officially declared war was back in 1941, after the attack on Pearl Harbor. Since then, presidents have taken on most of the authority to lead the military and make decisions about going to war.
War Powers Act Limitations
In 1973, following the Vietnam War, Congress aimed to regain some of its power by passing the War Powers Act. Although President Nixon initially vetoed this law, Congress was able to override his decision. The Act requires presidents to talk to Congress before sending U.S. troops into dangerous situations. However, it does not require them to get full approval from Congress first.
Current Legislative Efforts
As tensions in the Middle East increased earlier this month, lawmakers from both political parties worked to limit U.S. military involvement. They proposed resolutions that would require President Trump to get permission from Congress before taking any military action against Iran. One of these proposals was put forward by three prominent Democrats: Representatives Gregory Meeks, Jim Himes, and Adam Smith. Another proposal had support from both parties and was led by Representatives Thomas Massie and Ro Khanna.
Self-Defense Authority Threshold
Supporters of the proposals quickly point out that the president has the power to make decisions on his own in unusual situations, such as when the country is under attack. However, they argue that there is no proof that Iran was an immediate danger to Americans before President Trump’s military actions took place.
“Every president has the authority to defend the country if it’s under threat, according to the Constitution. However, they need to prove that there is an urgent danger to Americans or U.S. properties before taking action. That’s the rule,” explained Rep. Jason Crow (D-Colo.), who is a former Army Ranger with experience from Iraq and Afghanistan. “As a member of both the Armed Services Committee and the House Intelligence Committee, I haven’t seen any proof that there was a clear and immediate threat to Americans or U.S. facilities before the recent attack.”
Former Speaker Nancy Pelosi (D-Calif.) shared her views on the situation. “If our country is attacked, all and any powers go to the president to act,” she said. “That didn’t exist here, so the president should have come to Congress.”
Historical Examples of Democratic Presidential Actions
What makes their argument more complicated is that there have been Democratic presidents who have also used the military without getting approval from Congress.
Clinton Administration Precedents
In 1998, after terrorist attacks on U.S. embassies in Kenya and Tanzania, President Clinton made the decision to send cruise missiles to hit al Qaeda bases in Sudan and Afghanistan. He also worked with NATO allies to conduct airstrikes against Serbian targets during the conflict in the former Yugoslavia.
Obama Administration Military Operations
During his eight years in office, President Obama upset many liberal members of Congress by deciding to carry out military strikes in various countries. One of the most notable actions was in Libya in 2011, where the military campaign played a role in removing President Muammar Gaddafi from power. Additionally, there were military actions in other countries, including Syria, Yemen, and Somalia.
President Obama sought permission from Congress for certain military actions, but lawmakers couldn’t reach an agreement on a formal resolution. As a result, many of these operations relied on a 2001 law that was originally created to authorize military action in Afghanistan following the 9/11 attacks. This law is often referred to as the Authorization for Use of Military Force (AUMF).
Biden Administration Actions
In a similar effort, Biden sent American troops to go after terrorist groups in countries like Syria, Yemen, and Iraq.
Democratic Responses to Past Actions
Lieu made it clear that he was against Obama taking military action without getting approval from Congress first.
“I made it clear at that time that President Obama needed approval from Congress to take military action in Syria. I believe President Trump should also get Congress’s approval before taking any action against Iran,” he said. “My beliefs about the Constitution remain the same, regardless of which party the president belongs to.”
Some Democrats wanted to make sure the discussion stayed focused on what’s happening right now.
“Sure, we can spend time writing stories and sharing our regrets about the past. But let’s focus on what’s important right now,” Aguilar said. “The real question today is: will we defend our rights as outlined in the Constitution?”
Current Status and Future Implications
A week after the airstrikes, the discussion about who has the authority to declare war might not matter anymore. On Tuesday, Trump announced that Iran and Israel have agreed to a ceasefire. If this ceasefire lasts, it could make the debate about war powers irrelevant. Representative Massie has said that he won’t push for a vote on his proposal regarding war powers as long as the ceasefire holds. Meanwhile, Representative Johnson has stated that he won’t consider this proposal at all, claiming that the War Powers Act is unconstitutional.
Officials from the Trump administration are set to meet with representatives from Iran later this week. The U.S. aims to convince Iran to agree to stop any intentions it may have to create nuclear weapons.
There are still many questions about how effective the attacks have been in weakening Iran’s ability to develop nuclear weapons. When asked if he would carry out more attacks if needed, Trump quickly responded, “Without question. Absolutely.”