Bombing Iran's nuclear sites without congressional authorization

Editor's note: the president's own report shows the strikes rested on his constitutional authority alone, but no court or official finding establishes that acting without congressional authorization was unlawful.

In June 2025, during a war between Israel and Iran, U.S. forces struck Iran's nuclear facilities at Fordow, Natanz, and Isfahan in an operation the Pentagon called Midnight Hammer, using B-2 bombers. Trump announced the strikes; no declaration of war or specific authorization had been sought from Congress, which the Constitution assigns the power to declare war, though presidents have long used force without a formal declaration.

The administration asserted the president's Article II authority. Vice President Vance said 'we're not at war with Iran, we're at war with Iran's nuclear program,' and Defense Secretary Hegseth said the administration 'complied with the notification requirements' of the War Powers Act, notifying members of Congress 'after the planes were safely out.' Before the strike, House Speaker Mike Johnson and Senate Majority Leader John Thune were notified in advance, while Sen. Mark Warner and Rep. Jim Himes, the top Democrats on the intelligence committees, were not told until after the strikes; Senate Minority Leader Chuck Schumer received a call a little less than an hour before, with little detail. Himes said he learned of the strike from Trump's social media post.

Congress tried and failed to assert its role. A bipartisan Senate war powers resolution led by Sen. Tim Kaine failed 47-53; Rep. Thomas Massie wrote that the strike was 'not Constitutional.' The administration questioned the constitutionality of the War Powers Act itself.