Constitutional expert who drafted post-9/11 law says president does not need Congress’ OK for military action
As lawmakers clash over President Donald Trump’s recent military actions against Iran, one constitutional law expert argues the president is acting within his legal authority—even without explicit approval from Congress.
While many on Capitol Hill have questioned the constitutionality of the strikes, John Yoo, a legal scholar who helped draft the post-9/11 Authorization for Use of Military Force (AUMF), told Fox News Digital that the president has the constitutional right to engage in military operations abroad without first securing congressional authorization.
Debate has intensified following Trump’s announcement that the U.S. had launched strikes on Iranian nuclear facilities. Some lawmakers argue that only Congress has the constitutional authority to declare war. Others support Trump’s actions, citing the need to prevent Iran from developing nuclear weapons.
The Constitution gives Congress the power to declare war, while the president serves as commander-in-chief of the armed forces. The 1973 War Powers Resolution was introduced to clarify the balance between those roles during military conflicts, particularly after the Vietnam War.
Yoo said that while Congress can declare war, that doesn’t mean the president is powerless to act swiftly. “The founders knew Congress is slow to act. It’s the president who is positioned to act quickly in defense of the nation,” he explained.
Senator Tim Kaine (D-VA) and Representatives Thomas Massie (R-KY) and Ro Khanna (D-CA) have introduced resolutions to require debate and a vote before the use of military force against Iran. Their aim is to reassert Congress’s role and limit unilateral presidential action.
However, Yoo dismissed these efforts as political. “People on the Hill are conflating what’s constitutionally required with what’s politically convenient,” he said, pointing out that past presidents, including Biden, Obama, and Trump himself, have ordered military actions without such resolutions.
Yoo also emphasized that Congress’s most significant power in matters of war is financial. “If Congress really doesn’t want Trump to get further involved in the conflict with Iran, they can choose not to fund it,” he said.
Ironically, Yoo added, many lawmakers criticizing Trump’s military decisions are simultaneously supporting legislation that includes $150 billion in defense funding. “Every time they vote for that funding, they’re voting to make war possible,” he said.
