CNN Analyst: Presidential Power to Use Military “Accepted” for Protecting Americans
CNN senior legal analyst Elie Honig said on Monday that it has long been “accepted” that presidents can use the military to protect Americans in response to President Donald Trump bombing Iranian nuclear sites.
While some congressional members have accused Trump’s military action in Iran of being unconstitutional, Honig said on “CNN News Central” that the commander-in-chief has “inherent military powers” and the right to take action to protect American interests. He stated that there is some “grey area” on what military actions Congress will authorize.
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“Congress has the power to declare war formally,” Honig said. “That’s under Article I, Section 8. However, the president also does have some inherent constitutional military powers. He is, of course, the commander-in-chief and it’s long been recognized by legal scholars and by politicians on both sides of the aisle that the president does have inherent constitutional authority to use the military to protect American interests against imminent attacks. So as we often wind up with in the Constitution, we have split powers. Where that line is though has long been the subject of debate.”
Honig said that Congress attempted to draw a line of the president’s military authority in the War Powers Act of 1973, which was passed during the Vietnam War. It requires that the president notify Congress within 48 hours of taking military action and only resume that action for 60 days or 90 days.
“We end up in this sort of grey area about what exactly has Congress or will Congress authorize,” Honig continued.
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Trump announced the “very successful attack” on Saturday, which consisted of the bombings of Fordow, Natanz and Esfahan, three nuclear sites located outside of Tehran.
Congressional lawmakers are currently split on whether Trump’s military action in Iran fell under his constitutional powers. Democrat New York Rep. Alexandria Ocasio-Cortez said Trump’s decision to bomb the nuclear sites was a “grave violation” of his constitutional powers and are “grounds for impeachment.”
Republican Kentucky Rep. Thomas Massie and Democrat California Rep. Ro Khanna introduced a resolution on June 17 that intends to require Congress to vote on allowing Trump to use military action in Iran. After the bombings took place, Massie stated that the act was “not Constitutional,” while Khanna called on Congress to “immediately” return to session to deliberate his resolution.
After House Speaker Mike Johnson said that Trump acted within his constitutional limits, Massie accused Johnson of misinterpreting Trump’s constitutional authority and the War Powers Act during a Sunday appearance on “Face the Nation.”
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Republican South Carolina Sen. Lindsey Graham defended Trump during a “Meet the Press” interview, where he stated that Congress cannot act as the commander-in-chief. Democrat Pennsylvania Sen. John Fetterman also said Trump’s decision was the “right move” to combat Iran’s nuclear capabilities.
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First published by the Daily Caller News Foundation.
