Operation Midnight Hammer, the largest stealth bomber strike in history, caused monumental damage to Iranian nuclear facilities. The Trump Administration’s decisions have led to speculation about the requirement of the United States’ congressional approval preceding these military strikes.
The United States’ three distinct branches (executive, legislative, and judicial) of government have various oversight and operational structures. The legislative branch, comprised of the Senate and House of Representatives, contains specific authority that authorizes requirements and appropriates resources for the United States Department of Defense. In addition, the Constitution distinguishes and provides Congress the authority to “declare war” and not to “make war.”
Throughout the history of American foreign policy, it has been the long-held tradition that neither the President nor Congress acts under the belief that the Constitution requires a declaration of war from Congress before the military can conduct actions in defense or offense against hostilities, threats, or attack. The Obama Administration, for example, dropped 26,172 bombs in 2016 (without a congressional declaration of war) in Libya, Pakistan, Yemen, Somalia, Iraq, and Syria.
President Trump’s leadership in conducting the airstrikes against Iranian facilities acted within the United States’ Constitutional authority and military chain of command. The Joint Chiefs of Staff work in an advisory capacity to the President, providing strategic guidance that impacts defense requirements and operations for the military, through the appropriate channels to the Commander-in-Chief.
The debate over Congressional notification before or after conducting military operations attempted to resolve itself through the War Powers Resolution of 1973. This has largely been ineffective as the act is imprecise, vague, and has not achieved its intent of requiring the President to notify Congress before conducting military actions. The War Powers Resolution outlines that Congress must be notified within sixty days of the president introducing military forces into an area of “hostilities.” When hostilities are “imminent,” there is a thirty-day extension. After this period expires, as outlined by the act, the president must remove troops absent a congressional declaration of war.
The Midnight Hammer strikes against Iranian nuclear facilities were conducted in less than 24 hours. The days following included the negotiation of a ceasefire between the Israeli and Iranian leadership, with each American warfighter returning home safely. The sensitivity of this mission would have been compromised by congressional debate, as the Commander-in-Chief acted responsibly based on the strategic recommendations of military leaders, not legislators.
Members of Congress should build on this moment of national achievement to bring unity and celebrate the peace that is unfolding in the Middle East. There is an opportunity for congressional leadership to work with the Trump administration in leveraging the display and results of “peace through strength” in developing a comprehensive “peace through strategy” in negotiating a ceasefire between Russia and Ukraine. In addition, the Iranians’ responsible participation in the ceasefire should open the door to peaceful partnerships in the Middle East with attempts at diplomacy building, absent Iranian state-sponsored terrorism.
Congress should introduce and pass effective and relevant legislation if the War Powers Resolution Act of 1973 is ineffective in achieving its goals through the debate of congressional notification prior to executive military action. Within this discussion, there should be an analysis of how many American lives have been spared, and the footprint of democracy expanding to its global partners (historically and across both parties), through the United States’ President acting within the constitutional authority as Commander-in-Chief.
At the same time, Congress must take into account the technological speed and pace at which warfighting is accelerating. Congress must recognize and weigh the risks, within the debates and discussions, that prior notification of military action could impact mission success and place the lives of American warfighters in jeopardy.
The Trump administration’s focused military and diplomatic actions brought peace and did not create war, so there was no need for Congress to declare war. Operation Midnight Hammer was the elimination of existential capabilities in the hands of terrorists, with the prior philosophy of bringing death to America and Israel.
The United States’ Congress should work in building unity and impact through legislation, along with a strategic focus on authorizations and appropriations, that addresses current geopolitical conditions, while realizing the constitutional authority and separation of power for the President to command the troops.
Dr. Brooke Taylor is the Founder and CEO of Defending Our Country (DOC), LLC. www.docbrooke.net.
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