Reporter’s Notebook: Who really decides when America goes to war? The answer isn't so clear

The Founding Fathers were wide astir tons of things, but successful the epoch of modern warfare, who calls the shots and has the last accidental to caput into conflict was not the Founders' astir crystalline moment.

Article I, Section 8 of the Constitution grants Congress the powerfulness to "declare War." But Article II, Section 2 of the Constitution anoints the President "Commander successful Chief."

Constitutional scholars reason that Congress indispensable follow a solution earlier sending work unit into hostilities overseas nether the aegis of "war." But what if you conscionable dispatch B-2 bombers from Whiteman Air Force Base successful Missouri to alert halfway astir the satellite and slingshot 14 bunker buster bombs into 3 of Iran’s atomic facilities? Or if you greenlight Ohio Class subs to occurrence 30 Tomahawk missiles into Iran arsenic well?

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The statement implicit who gets to state warfare rages connected successful Congress. (Getty Images)

Are you "at war?" Does the president person the authorization to bash that? What astir Congress?

Well, if you accidental the president — oregon Congress — some tin beryllium right.

Or wrong.

"I'm idiosyncratic who believes successful the Constitution and the War Powers Act," said Rep. Nancy Mace, R-S.C., connected Fox. "(President) Donald Trump did not state war. He has the close arsenic commander-in-chief to execute a precise surgical process."

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Rep. Nancy Mace, R-S.C., leaves a gathering of the House Republican Conference successful the U.S. Capitol connected June 6, 2023.  (Getty Images)

Mace noted "there were nary troops connected the ground."

But past the South Carolina Republican added this:

"The 2001 AUMF is inactive successful place. If we didn't similar it, past Congress should get escaped of it," said Mace.

OK. Hold on.

We cognize what "troops connected the ground" is. We deliberation (think) we recognize what "declaring war" is (or bash we?).

But commune tell, what successful the satellite is an "AUMF?"

That’s legislature talk for an "Authorization for Use of Military Force."

It’s benignant of similar Congress "declaring war." Both the House and Senate indispensable ballot to "declare war."

US Capitol Building astatine sunset connected Jan. 30, 2025. (Fox News Digital)

Transom windows, pastry safes and ember chutes successful homes each started to go obsolete successful the 1940s.

So did "declaring war," apparently.

Congress hasn’t "declared war" since 1942.

And that was against Romania.

In fact, the U.S. has lone "declared war" 11 times successful history.

And Congress doesn’t conscionable "declare war." Both the House and Senate indispensable vote. And truthful what the modern Congress does present is o.k. an "authorization" to nonstop the subject into harm’s mode overseas. That could beryllium by sea. Troops connected the ground. In the air. You sanction it.

Congress authorized the Gulf of Tonkin Resolution successful 1964. That was the gateway to years of warring successful Vietnam and Southeast Asia. More recently, Congress blessed an authorization to invade Afghanistan and wage the "war connected terror" successful 2001 aft 9/11. Lawmakers followed that up successful the autumn of 2002 for authorization to invade Iraq — connected suspicion that Saddam Hussein’s authorities had an arsenal of weapons of wide destruction. The U.S. and its allies recovered thing aft the 2003 invasion.

To Mace’s point, the 2001 AUMF is truthful wide that 4 American presidents person deployed it for assorted subject enactment astir the world. Mace’s statement would beryllium that Iran oregon its proxies could motorboat coercion attacks — oregon adjacent a atomic limb somewhere. So, the 2001 AUMF is justification for American involvement.

That said, astir overseas argumentation and subject experts reason that the 2001 and 2002 AUMFs are calcified, legislative relics.

This is wherefore it’s a governmental kaleidoscope astir however assorted lawmakers felt astir launching attacks connected Iran and if Congress indispensable get involved.

Democrats who usually reason President Trump supported airstrikes.

In this handout provided by the White House, U.S. President Donald Trump and Secretary of State Marco Rubio (R) beryllium successful the Situation Room arsenic they show the ngo that took retired 3 Iranian atomic enrichment sites astatine the White House connected June 21, 2025, successful Washington. (Daniel Torok/The White House via Getty Images)

"I've been saying, ‘Hell yes’ for I deliberation it's astir six weeks," said Sen. John Fetterman, D-Pa.

Rep. Debbie Wasserman Schultz, D-Fla., is 1 of the astir pro-Israel lawmakers from either party.

"This model is unfastened now," said Wasserman Schultz earlier the attack. "We can't instrumentality our footwear disconnected their neck."

But imaginable strikes disquieted lawmakers adjacent earlier the U.S. launched them. There’s interest the conflagration could devolve into a broader conflict.

"The thought that 1 onslaught is going to beryllium adequate, that it's going to beryllium 1 and done, I deliberation is simply a misconception," said Sen. Richard Blumenthal, D-Conn.

Before the conflict, bipartisan House members conscionable returned from Saudi Arabia, the United Arab Emirates and Bahrain.

"They are disquieted that this volition escalate," said Rep. Don Bacon, R-Neb. "And it wouldn't instrumentality a full batch for it to spiral retired of control."

This is wherefore Reps. Thomas Massie, R-Ky., and Ro Khanna, D-Calif., wanted the House to ballot connected their solution earlier the U.S. attacked Iran.

Reps. Thomas Massie, R-Ky., and Ro Khanna, D-Calif., wanted the House to ballot connected their solution earlier the U.S. attacked Iran connected Trump's orders. (Getty Images)

"I wouldn't telephone my broadside of the MAGA basal isolationists. We are exhausted. We are bushed from each of these wars. And we’re non-interventionists," said Massie connected CBS.

"You're wasting billions of our dollars due to the fact that we're sending much troops to the Middle East. What did you accomplish? And wherefore are you oblivious to the American radical who are sick of these wars?" said Khanna, besides connected CBS.

Rep. Marjorie Taylor Greene, R-Ga., didn’t notation Trump by name, but successful a screed posted connected X, she excoriated the determination to onslaught Iran.

"Only 6 months successful and we are backmost into overseas wars, authorities change, and satellite warfare 3. It feels similar a implicit bait and power to delight the neocons, warmongers, subject concern analyzable contracts, and neocon tv personalities that MAGA hates and who were NEVER TRUMPERS!" wrote Greene.

Rep. Warren Davidson, R-Ohio, besides questioned the authorization of the president to occurrence connected Iran.

"While President Trump’s determination whitethorn beryllium just, it’s hard to conceive a rationale that’s Constitutional," wrote Davidson connected societal media.

But erstwhile it came to Republicans criticizing those who went against Trump, astir GOPers took connected Massie.

"I'm not definite what's going connected with Thomas. He votes nary against everything," said Rep. Greg Murphy, R-N.C., connected Fox Business. "I'm not definite wherefore he's adjacent present anymore."

"He should beryllium a Democrat due to the fact that he's much aligned with them than with the Republican Party," said White House spokeswoman Karoline Leavitt connected Fox astir Massie.

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White House Press Secretary Karoline Leavitt said Thursday that President Donald Trump volition marque a determination connected the U.S. becoming progressive successful Israel's struggle with Iran wrong the adjacent 2 weeks. (Celal Gunes/Anadolu via Getty Images)

Shooing distant Republicans toward the Democratic Party could beryllium a questionable strategy considering the constrictive GOP House majority. It’s presently 220 to 212 with 3 vacancies. All 3 vacancies are successful districts heavy favored by the Democrats.

Sen. Tim Kaine, D-Va., plans to compel the Senate to ballot this week connected a solution to find if the U.S. should tussle militarily with Iran.

"We volition person each members of the Senate state whether oregon not the U.S. should beryllium astatine warfare with Iran. It's unconstitutional for a president to initiate a warfare similar this without Congress," said Kaine connected Fox. "Every subordinate of Congress needs to ballot connected this."

Whether the U.S. is progressive successful "war" with Iran is an contented of debate. And here’s the deepest secret: Lawmakers sometimes preach astir exercising their warfare powers authorities nether Article I of the Constitution. But due to the fact that votes astir "war" oregon "AUMFs" are complicated, immoderate members would alternatively chatter astir it — but cede their powerfulness to the president. The reason? These are very, precise pugnacious votes, and it’s hard to determine the close happening to do.

The Founders were skeptical of a almighty executive. They wanted to marque definite a "monarch," or, successful our case, a president, couldn’t unilaterally dial up hostilities without a cheque from Congress. But implicit time, Congress relinquished galore of those warfare powers. And that’s wherefore the enforcement seems to telephone the shots nether these circumstances.

Is the U.S. astatine war? Like galore things, it whitethorn beryllium successful the oculus of the beholder.

And whether this work yet lies with Congress oregon the president is successful the oculus of the beholder, too.