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Does President Trump have any legal basis for his foreign policy actions aside from his personal entitlement to absolute power? Presidents have been scorning congressional leashes on their foreign interventions since at least the Korean War. But Trump’s erratic behavior and fevered comments almost make President Richard Nixon look mild-mannered.
Democratic members of Congress and Rep. Thomas Massie (R-KY) are pushing for a vote on a War Powers Act resolution to put a leash on Trump. But in the same way that President George W. Bush found lawyers that assured him the president was authorized to order torture, so Trump supporters are denying the validity of any law restricting the White House’s warring. House Speaker Mike Johnson (R-LA) declared on Tuesday: “Many respected constitutional experts argue that the War Powers Act is itself unconstitutional. I'm persuaded by that argument. They think it's a violation of the Article 2 powers of the commander in chief.” Johnson is blocking any vote in the House of Representatives on that resolution.
Some Trump apologists are claiming that the 2001 Authorization for Use of Military Force (AUMF), enacted in response to the 9/11 attacks, provides all the legal justification that Trump needed. Since President George W. Bush listed Iran as part of the “axis of evil” in his 2002 State of the Union address, that entitles subsequent presidents to scourge Iran forever. There was no justification for putting Iran in that 2002 trifecta, but lack of evidence rarely impedes presidential prattle.
Besides, the AUMF seems as archaic nowadays as a balanced budget amendment. In the same way that congressmen can perpetuate deficit spending by promising decades hence to balance the budget, so the AUMF allows politicians to perpetually pummel any group or nation accused of wrongdoing.
Trump appears to be claiming unlimited power to intervene abroad. In February, Trump posted on Truth Social a saying attributed to Napoleon: “He who saves his country does not violate any law.” Sounding like he was entitled to rule the world, Trump proclaimed in February: “We’ll own Gaza.” Trump signaled support for forcibly expelling more than a million Palestinian refugees in order to create “a Riviera of the Middle East.” In 2023, he boasted to Jewish donors that “I gave you Golan Heights,” signaling his prerogative to dispose of Syrian territory and redraw national boundaries as he pleased.
Trump’s pattern of issuing sweeping demands is driving his response to the Israel–Iran clash. Trump demanded “unconditional surrender” from Iran, as if he were General Ulysses S. Grant in 1862 waiting outside a fort commanded by a dimwitted Confederate general. Trump decreed that Iran must completely end all its efforts to enrich uranium, regardless of prior international approval and the lack of evidence for an active weapons program. At one point, Trump ominously warned Tehran’s 10 million residents to “immediately evacuate”—though he didn’t specify any locale where they would be safe from Israeli bombing. Perhaps Trump’s most bizarre utterance was his Truth Social post Saturday night. After announcing that the U.S. had bombed three sites in Iran, Trump concluded, “NOW IS THE TIME FOR PEACE! Thank you for your attention to this matter.” On Wednesday morning at the NATO summit, Trump scoffed at Defense Intelligence Agency doubts on knocking out Iran’s program and compared his bombing attack with Hiroshima and Nagasaki that were “essentially the same thing that ended that war.” That comparison is not expected to boost Trump’s popularity in Japan.
Turn back the clock two decades, and defenders of a bellicose president insisted that George W. Bush was smarter than he sounded. But many Trump supporters seem to think 47 is omniscient. Trump’s posts on Truth Social are now presumed to be vastly more accurate than any U.S. government intelligence report. As Vice President J.D. Vance said on Sunday on Meet the Press, “Of course we trust our intelligence community, but we also trust our instincts.” But what if the strongest instinct is to gratify pro-Israel donors? Secretary of State Marco Rubio provided the lodestar for Trumpian foreign policy: “Forget about intelligence.” DOGE missed a great chance to save over $80 billion a year by abolishing the intelligence agencies that the White House is determined to scorn. (Meanwhile, both the Washington Post and New York Times reported that Trump actually made the final decision to bomb Iran after seeing Fox News hosts lauding Israeli successes attacking Tehran.)
Presumed presidential omniscience is razing constraints on the Oval Office. Trump’s lawyers are touting the same legal nitroglycerine that helped destroy George W. Bush’s presidency. The Trump administration is echoing Bush’s “unitary executive theory” to assert that the president effectively has untrammeled power over almost everything in the solar system. Bush issued more than a hundred signing statements announcing that he would disregard specific provisions in legislation, thanks to “the President’s constitutional authority to supervise the unitary executive branch and to withhold information” from Congress and the American people. Bush used that invocation to justify scorning congressional prohibitions on torture. His administration presumed that “checks and balances” were archaic. But Bush’s legal power-grabs helped make him intensely unpopular by the end of his reign and opened the door for Barack Obama to win the presidency by masquerading as a civil-liberties savior.
Trump-style legal absolutism appears to be the mirror image of tolerance—if not also common sense. Trump’s National Park Service wants to delete any material at national parks that “inappropriately disparages Americans past or living,” so official history will become an even bigger fairy tale.
These legal doctrines are not a hypothetical threat to freedom. On March 25, masked ICE agents seized Rümeysa Öztürk, a Turkish graduate student, off the streets outside Boston. Öztürk was locked up for 45 days and her student visa covertly canceled because she coauthored an op-ed criticizing Tufts University for failing to divest from Israel in response to its actions in Gaza. Rubio vilified her as a “lunatic” and implied that the feds had ample evidence of her crimes and abuses. A leak to the Washington Post revealed that the feds had nothing on her—except that op-ed. Federal Judge William Sessions ordered Öztürk released because her arrest “potentially chills the speech of the millions and millions of people in this country who are not citizens.” Maybe that was the whole point.
No matter how many bombs Trump drops or how many freedoms he skewers, he will retain an iron core of MAGA supporters who view Trump’s own power as the best hope for America. The New York Times noted a similar pattern in 1973 at the start of Nixon’s second term: “Conservatives who have traditionally favored a strong Congress and a weakened Presidency are now advocating the reverse.” Nixon’s attempt to “fix” Washington by radically centralizing power in the White House did not survive the Watergate scandal.
On Monday, Trump proclaimed a ceasefire between Iran and Israel. On Tuesday morning, after ceasefire violations, Trump raged: “We have two countries that have been fighting so long that they don't know what the f*ck their doing.” Millions of Americans reached the same conclusion about Trump’s own foreign policy. Unfortunately, citizens cannot rely on Congress, the Constitution, or federal law to curb Trump’s interventions at home or abroad.