RawBelly

History’s Greatest Minds on Today’s News

Volume I · No. 57

Daily Debate

Thursday, July 30, 2026

Today's Debate · Executive War Powers vs. Congress

Should the President have unilateral authority to launch major military strikes against a foreign nation without a prior congressional declaration or authorization?

The United States has launched what officials describe as 'heavy' strikes on Iran following an attempted attack on American troops, with reporting suggesting it could be the first phase of a multi-week campaign to degrade Iran's missile arsenal. No congressional authorization vote preceded the strikes. The action revives a decades-old constitutional dispute over whether the Commander-in-Chief can initiate large-scale offensive military operations on executive authority alone.

JM

Congress alone must authorize war

The Constitution is not ambiguous on this point: Article I, Section 8 grants Congress — not the President — the power to declare war, to raise and fund armies, and to make rules governing their deployment in hostilities. The Commander-in-Chief clause of Article II means exactly what it says: once war is authorized, the executive commands the forces; it does not mean the executive decides whether war begins. I understood this distinction well when we drafted that document, and I wrote plainly in the Federalist that concentrating the war power in a single hand was the very definition of tyranny we were building against. A "heavy" strike designed as the opening phase of a multi-week offensive campaign against a sovereign nation is not a reprisal or an emergency defense of troops under immediate attack — it is the initiation of war. Whatever provocation preceded it, Congress must authorize that step. The branch closest to the people, most directly accountable to them, must bear the weight of that decision.

AH

Executive must act swiftly in crisis

The Constitution names the President Commander-in-Chief for a reason: crises do not wait for committee votes. When American troops are struck, the executive must respond with speed and decision, or the very hesitation becomes a signal of weakness that invites further aggression. I argued in Federalist No. 70 that energy in the executive is the first characteristic of good government — and I will not retreat from that now. A prompt defensive and retaliatory strike, ordered to protect American forces already under fire, falls squarely within that executive power. That said, I do not argue for *unlimited* authority. The distinction matters enormously: repelling an attack and protecting the force is one thing; embarking on a sustained, open-ended war of choice is another. Congress must assert itself if this campaign extends beyond immediate defense into a broader offensive design — and the President must welcome that check, not evade it. Swift action and constitutional accountability are not enemies; they are partners.

TJ

War powers belong to the people's representatives

The Constitution is not ambiguous on this point: the power to declare war belongs to Congress, and Congress alone. The Framers placed it there deliberately, having watched monarchs drag their nations into ruin through wars undertaken on royal whim, unchecked by any popular check. Whatever the Commander-in-Chief's authority to repel a sudden attack upon our forces, the initiation of a multi-week offensive campaign to degrade a foreign nation's military capacity is war in every meaningful sense — and war requires the consent of the people's representatives before the first strike, not a ratifying vote extracted after the bombs have fallen and retreat has become politically impossible. The argument that speed and secrecy require exclusive executive action would, pressed to its conclusion, authorize the President to fight any war he chooses, provided only that he chooses quickly. That is not the republic the Declaration envisioned; it is the executive monarchy we fought to escape.

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