The 'Iran War' may be remembered as the end of restraint on a president's use of the military

Jack Goldsmith, a Harvard Law professor and former senior Justice Department official in the George W. Bush administration, said President Trump’s unilateral launch of the Iran war may be remembered as the death of any pretense that law and executive branch lawyers can be counted on to meaningfully constrain a president who wants to use military force on his own, reported The New York Times.

“By using the military on such a large and dangerous scale with foreseeable U.S. casualties, this operation kills the idea of any effective legal constraint on the president’s use of force,” he said. “It’s been very close to dead for years, I think.”

In 2007, Senator Joseph R. Biden Jr. argued in a presidential candidate survey that presidents have no legitimate power to bomb another country without congressional authorization, unless the United States is about to be attacked. Senator Barack Obama said the same thing. But executive power can look different from the vantage point of the Oval Office.

Mr. Obama bombed Libya without authorization in 2011. And, running for president again in 2019, Mr. Biden argued that the Constitution empowered presidents to order limited military strikes on their own. In 2024, Mr. Biden ordered several large-scale strikes on Iranian-backed Houthi militants in Yemen who were menacing Israel and shipping in the Red Sea.

Against that backdrop, Mr. Biden’s approach to Iran over time is instructive. In 2007, he had singled out an attack on the country as particularly dangerous and unpredictable, writing, “Let’s not kid ourselves: any military conflict with Iran is likely to become major.”

In 2019, he maintained that “any initiation of the use of force against Iran,” unless in response to an imminent attack, “could certainly result in a wide-scale conflict and constitute a ‘war’ in the constitutional sense that would require authorization by Congress.”

But as president in 2023, before he dropped out of the 2024 race, Mr. Biden sidestepped Iran in responding to a similarly worded survey.

Mr. Trump had already joined Israel last June in bombing Iranian nuclear sites, in what has become known as the 12-day war. Since then, he has unilaterally “determined” that the United States is in a formal armed conflict with drug cartels, and launched a brief invasion of Venezuela to seize its president, Nicolás Maduro.

Now, without going to Congress, Mr. Trump has joined Israel in killing Iran’s supreme leader and other top officials at the start of a massively larger bombing campaign that he said he intended to last “four to five weeks.” He has urged Iranians to rise up for a regime change.

Ahead of the operation, Mr. Trump made scant effort to persuade lawmakers and the public that such a war had become necessary. He delivered no Oval Office address and barely mentioned Iran in his State of the Union speech, a sharp divergence from how past presidents sought to build a case for wars they wanted to launch.

Those past campaigns have drawn accusations of spin and deception, as when the George W. Bush administration’s warnings about Iraqi weapons of mass destruction proved false after the war began. But even propaganda is a backhanded nod to democracy — an implicit acknowledgment that buy-in from Congress and the public matters when it comes to taking the country to war.

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