On Friday, May 1st, Donald Trump chose to ignore the pressure from Congress. Despite the deadline set by law of 60 days to regulate military engagement against Iran, the American president hinted that he did not plan to seek parliamentary authorization. From the White House, he challenged the legitimacy of this requirement, stating: “I don’t think what they’re asking for is constitutional. Those who ask are not patriots.”
In a heated exchange with the press, he dismissed any obligation based on past practice, claiming that “no one has ever asked for it before, no one has ever demanded it,” before adding: “so why should we do it?” Trump also believed that the ceasefire in effect since April 8th gave him “more time,” suspending the planned account according to him.
It is Congress that declares war
The American legal framework provides a clear balance: while the Constitution entrusts to Congress the power to declare war, a law adopted in 1973 authorizes the president to engage in limited operations in case of emergency. However, it requires legislative authorization beyond 60 days.
In this specific case, the conflict with Iran began on February 28th, but the official notification to Congress was only sent two days later, pushing back the starting point of the deadline. Therefore, this Friday, May 1st marks the deadline to obtain parliamentary approval. Since the start of hostilities, the Democrats have unsuccessfully attempted to limit the executive’s military powers, while some Republicans have warned that they may, after this deadline, demand adherence to this obligation.
