The prospect of the US assisting Israel in attacking Iran has renewed an old constitutional debate. Reuters
The prospect of the US assisting Israel in attacking Iran has renewed an old constitutional debate. Reuters
The prospect of the US assisting Israel in attacking Iran has renewed an old constitutional debate. Reuters
The prospect of the US assisting Israel in attacking Iran has renewed an old constitutional debate. Reuters

Does Trump have the authority to declare war on Iran?


Cody Combs
  • English
  • Arabic

President Donald Trump's announcement that he would make a decision in two weeks about whether to directly involve US forces in Israel's war on Iran has reignited a longstanding constitutional debate on exactly what military powers America's leader has.

The President has indicated in recent days that the US could carry out strikes against Iran in support of its ally. Israel began attacking Iran on June 13, saying it aimed to prevent its archenemy from developing nuclear weapons. Iran retaliated with missile and drone strikes on Israel.

According to the US Constitution, it's the Congress - the House of Representatives and the Senate - that has the power to declare war.

This stretches back to 1973, when Congress passed the War Powers Act - also referred to as the War Powers Resolution - which sought to prevent the executive branch from declaring war without congressional approval. It was initiated shortly after a series of presidents unilaterally escalated the Vietnam war, specifically when Richard Nixon ordered the bombing and invasion of Cambodia without a green light from Congress.

The War Powers Act, more commonly referred to as the War Powers Resultion, sought to give US Congress more authority in declaring war. US National Archives
The War Powers Act, more commonly referred to as the War Powers Resultion, sought to give US Congress more authority in declaring war. US National Archives

Yet there are several loopholes that various US presidents have used since the passage of the War Powers Act to exercise their ability to influence military policy.

There's nothing in the legislation that prevents the White House from assisting other countries, with the current example being Israel.

Some legal experts have also pointed out that the US Constitution, specifically Article II Section 2, states that "[the] President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States" - that is, the White House has a legal precedent to try and mobilise the US military to some extent.

"There is a constitutional ambiguity between the role of Commander-in-Chief and the congressional power to declare war," said Timothy Kneeland, a professor of history, politics and law at Nazareth University in upstate New York.

US Marines stand guard at the Westwood Federal Building complex as demonstrators protest against US involvement in the conflict between Israel and Iran. AFP
US Marines stand guard at the Westwood Federal Building complex as demonstrators protest against US involvement in the conflict between Israel and Iran. AFP

Prof Kneeland said that shortly after the September 11, 2001, terror attacks, George W Bush, president at the time, sought and obtained authorisation from Congress to use military force in both Afghanistan and Iraq,

These so-called Authorisations to Use Military Force (AUMF) have since been used to justify actions against ISIS and Hezbollah, as well.

"It may be that President Trump will use this as a pretext should he decide to attack Iran, which has been identified with supporting Hezbollah, listed as a terrorist organisation in the US," Prof Kneeland said, noting that laws passed after 9/11 blurred clarity on who could declare war.

What the Israel-Iran war means for the Middle East, nuclear escalation and the global economy

It could also be a matter of semantics, with the US providing assistance to Israel without ever mentioning war.

Yet there is already pushback from Democrats and Republicans, as politicians seek to head off any potential unilateral decision by Mr Trump to move ahead with military action against Iran.

In the Senate, Democratic Senator Tim Kaine introduced a resolution seeking to make debate and a vote compulsory before any military strike on Iran. And in the House of Representatives, Republican Thomas Massie introduced a similar resolution related to the situation in Iran.

Yet resolutions like this, compared to laws, often lack enforcement mechanisms.

Prof Kneeland also points out that constitutionally, Mr Trump could easily block them.

"These are subject to President Trump's veto power and would require a two-thirds majority to override the presidential veto," he said. "With both the House and Senate in the hands of the Republicans, who overwhelmingly support President Trump, this seems highly unlikely."

So, even with the 1973 War Powers Act, the ball appears to be in Mr Trump's court.

Iran, meanwhile, is holding talks with European powers as its war with Israel enters a second week.

The five pillars of Islam

1. Fasting

2. Prayer

3. Hajj

4. Shahada

5. Zakat 

ABU DHABI TRIATHLON

For more information, and to enter the race, please visit www.abudhabi.triathlon.org.

As You Were

Liam Gallagher

(Warner Bros)

COMPANY PROFILE

Founders: Sebastian Stefan, Sebastian Morar and Claudia Pacurar

Based: Dubai, UAE

Founded: 2014

Number of employees: 36

Sector: Logistics

Raised: $2.5 million

Investors: DP World, Prime Venture Partners and family offices in Saudi Arabia and the UAE

THE LOWDOWN

Photograph

Rating: 4/5

Produced by: Poetic License Motion Pictures; RSVP Movies

Director: Ritesh Batra

Cast: Nawazuddin Siddiqui, Sanya Malhotra, Farrukh Jaffar, Deepak Chauhan, Vijay Raaz

Countdown to Zero exhibition will show how disease can be beaten

Countdown to Zero: Defeating Disease, an international multimedia exhibition created by the American Museum of National History in collaboration with The Carter Center, will open in Abu Dhabi a  month before Reaching the Last Mile.

Opening on October 15 and running until November 15, the free exhibition opens at The Galleria mall on Al Maryah Island, and has already been seen at the Jimmy Carter Presidential Library and Museum in Atlanta, the American Museum of Natural History in New York, and the London School of Hygiene and Tropical Medicine.

 

Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
UK-EU trade at a glance

EU fishing vessels guaranteed access to UK waters for 12 years

Co-operation on security initiatives and procurement of defence products

Youth experience scheme to work, study or volunteer in UK and EU countries

Smoother border management with use of e-gates

Cutting red tape on import and export of food

England Test squad

Joe Root (captain), Moeen Ali, James Anderson, Jonny Bairstow (wicketkeeper), Stuart Broad, Jos Buttler, Alastair Cook, Sam Curran, Keaton Jennings, Dawid Malan, Jamie Porter, Adil Rashid, Ben Stokes.

The specs: Lamborghini Aventador SVJ

Price, base: Dh1,731,672

Engine: 6.5-litre V12

Gearbox: Seven-speed automatic

Power: 770hp @ 8,500rpm

Torque: 720Nm @ 6,750rpm

Fuel economy: 19.6L / 100km

War 2

Director: Ayan Mukerji

Stars: Hrithik Roshan, NTR, Kiara Advani, Ashutosh Rana

Rating: 2/5

In numbers: China in Dubai

The number of Chinese people living in Dubai: An estimated 200,000

Number of Chinese people in International City: Almost 50,000

Daily visitors to Dragon Mart in 2018/19: 120,000

Daily visitors to Dragon Mart in 2010: 20,000

Percentage increase in visitors in eight years: 500 per cent

The drill

Recharge as needed, says Mat Dryden: “We try to make it a rule that every two to three months, even if it’s for four days, we get away, get some time together, recharge, refresh.” The couple take an hour a day to check into their businesses and that’s it.

Stick to the schedule, says Mike Addo: “We have an entire wall known as ‘The Lab,’ covered with colour-coded Post-it notes dedicated to our joint weekly planner, content board, marketing strategy, trends, ideas and upcoming meetings.”

Be a team, suggests Addo: “When training together, you have to trust in each other’s abilities. Otherwise working out together very quickly becomes one person training the other.”

Pull your weight, says Thuymi Do: “To do what we do, there definitely can be no lazy member of the team.” 

Results:

6.30pm: Maiden Dh 165,000 1,400m.
Winner: Walking Thunder, Connor Beasley (jockey), Ahmad bin Harmash (trainer).

7.05pm: Handicap (rated 72-87) Dh 165,000 1,600m.
Winner: Syncopation, George Buckell, Doug Watson.

7.40pm: Maiden Dh 165,000 1,400m.
Winner: Big Brown Bear, Pat Dobbs, Doug Watson.

8.15pm: Handicap (75-95) Dh 190,000 1,200m.
Winner: Stunned, Pat Dobbs, Doug Watson.

8.50pm: Handicap (85-105) Dh 210,000 2,000m.
Winner: New Trails, Connor Beasley, Ahmad bin Harmash.

9.25pm: Handicap (75-95) Dh 190,000 1,600m.
Winner: Pillar Of Society, Pat Dobbs, Doug Watson.

GAC GS8 Specs

Engine: 2.0-litre 4cyl turbo

Power: 248hp at 5,200rpm

Torque: 400Nm at 1,750-4,000rpm

Transmission: 8-speed auto

Fuel consumption: 9.1L/100km

On sale: Now

Price: From Dh149,900

BMW M5 specs

Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor

Power: 727hp

Torque: 1,000Nm

Transmission: 8-speed auto

Fuel consumption: 10.6L/100km

On sale: Now

Price: From Dh650,000

RESULT

Chelsea 2

Willian 13'

Ross Barkley 64'

Liverpool 0

The specs: 2018 Nissan Altima


Price, base / as tested: Dh78,000 / Dh97,650

Engine: 2.5-litre in-line four-cylinder

Power: 182hp @ 6,000rpm

Torque: 244Nm @ 4,000rpm

Transmission: Continuously variable tranmission

Fuel consumption, combined: 7.6L / 100km

The smuggler

Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple. 
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.

Khouli conviction

Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.

For sale

A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.

- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico

- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000

- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950

Our legal columnist

Name: Yousef Al Bahar

Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994

Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers

RESULTS

6.30pm: Maiden Dh 165,000 1,600m
Winner: Superior, Connor Beasley (jockey), Ahmad bin Harmash (trainer)

7.05pm: Handicap Dh 185,000 2,000m
Winner: Tried And True, Pat Dobbs, Doug Watson

7.40pm: Maiden Dh 165,000 1,600m
Winner: Roy Orbison, Fernando Jara, Ali Rashid Al Raihe
8.15pm

Handicap Dh 190,000 1,400m
Winner: Taamol, Dane O’Neill, Ali Rashid Al Raihe
8.50pm

Handicap Dh 175,000 1,600m
Winner: Welford, Richard Mullen, Satish Seemar

9.25pm: Handicap Dh 175,000 1,200m
Winner: Lavaspin, Richard Mullen, Satish Seemar

10pm: Handicap Dh 165,000 1,600m
Winner: Untold Secret, Xavier Ziani, Sandeep Jadhav

Updated: June 21, 2025, 9:00 AM`