Jun 29 JDN 2460856

Israel attacked Iran. Iran counter-attacked. Then Israel requested US support.

President Trump waffled about giving that support, then, late Jun 21 (US time—early June 22 Iran time), without any authorization from anyone else, he ordered an attack, using B-2 stealth bombers to drop GBU-57 MOP bombs on Iranian nuclear enrichment facilities.

So apparently we’re at war now, because Donald Trump decided we would be.

We could talk about the strategic question of whether that attack was a good idea. We could talk about the moral question of whether that attack was justified.

But I have in mind a different question: Why was he allowed to do that?

In theory, the United States Constitution grants Congress the authority to declare war. The President is the Commander-in-Chief of our military forces, but only once war has actually been declared. What’s supposed to happen is that if a need for military action arises, Congress makes a declaration of war, and then the President orders the military into action.

Yet in fact we haven’t actually done that since 1942. Despite combat in Korea, Vietnam, Afghanistan, Iraq, Bosnia, Libya, Kosovo, and more, we have never officially declared war since World War 2. In some of these wars, there was a UN resolution and/or Congressional approval, so that’s sort of like getting a formal declaration of war. But in others, there was no such thing; the President just ordered our troops to fight, and they fought.

This is not what the Constitution says, nor is it what the War Powers Act says. The President isn’t supposed to be able to do this. And yet Presidents have done it over a dozen times.

How did this happen? Why have we, as a society, become willing to accept this kind of unilateral authority on such vitally important matters?

Part of the problem seems to be that Congress is (somewhat correctly) perceived as slow and dysfunctional. But that doesn’t seem like an adequate explanation, because surely if we were actually under imminent threat, even a dysfunctional Congress could find it in itself to approve a declaration of war. (And if we’re not under imminent threat, then it isn’t so urgent!)

I think the more important reason may be that Congress consistently fails to hold the President accountable for overstepping his authority. It doesn’t even seem to matter which party is in which branch; they just never actually seem to remove a President from office for overstepping his authority. (Indeed, while three Presidents have been impeached—Trump twice—not one has ever actually been removed from office for any reason.) The checks and balances that are supposed to rein in the President simply are not ever actually deployed.

As a result, the power of the Executive Branch has gradually expanded over time, as Presidents test the waters by asserting more authority—and then are literally never punished for doing so.

I suppose we have Congress to blame for this: They could be asserting their authority, and aren’t doing so. But voters bare some share of the blame as well: We could vote out representatives who fail to rein in the President, and we haven’t been doing that.

Surely it would also help to elect better Presidents (and almost literally anyone would have been better than Donald Trump), but part of the point of having a Constitution is that the system is supposed to be able to defend against occasionally putting someone awful in charge. But as we’ve seen, in practice those defenses seem to fall apart quite easily.

So now we live in a world where a maniac can simply decide to drop a bunch of bombs wherever he wants and nobody will stop him.