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strikeMay 22, 2026

President Trump Doesn’t Need Congressional Approval for His Actions as to Iran

Summary

The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent President Trump Doesn't Need Congressional Approval for His Actions as to Iran Congress can only stop Trump’s actions in Iran by passing a concurrent resolution of both Houses over Trump’s veto, or by declining to fund the war in next year’s budget. President Donald Trump is taking a lot of heat for the military operations he launched unilaterally as Commander in Chief of the U.S. armed forces against the Iranian pirates/terrorists: (1) striking Iran militarily, (2) closing tshe Strait of Hormuz to Iranian oil exports, and (3) aiming (I expect successfully) to force Iran into capitulation. In fact, what President Trump is doing today with Iran is nothing more than a long overdue exercise of U.S. military power, of the sort that Presidents Thomas Jefferson and James Madison engaged in, without congressional approval, against the Barbary Pirates from 1801 to 1815. The Barbary pirates were an early 19th century analog of the modern-day Iranian terrorist regime. They preyed on American and European trading ships and enslaved their crews. It is estimated that over 1 million American and European sailors were sold into slavery by the Barbary pirates during the centuries in which they preyed on American and European shipping. Robert Davis, British Slaves on the Barbary Coast BBC (February 17, 2011). The Barbary pirates sailed out of Libya and North Africa generally until France conquered Algeria in 1830. Congress never declared war against the Barbary pirates, but Presidents Jefferson and Madison rightly used their executive Commander-in-Chief powers unilaterally to cause American ships and marines to subdue them with the use of U.S. armed force. This defeated the Barbary pirates, and the Framing generation, which was still mostly alive from 1801 to 1815, acquiesced in the constitutionality of this unilateral presidential use of military force. The United States has fought only five declared wars in our history since 1789—the War of 1812, the Mexican American War, the Spanish-American War, World War I, and World War II. But U.S. Presidents, acting as Commanders in Chief, have unilaterally deployed our armed forces many other times. Presidents have deployed the U.S. military without congressional permission on at least 125 occasions like the one that subdued the Barbary Pirates (1801-1815). Some of those engagements have been quite bloody such as the Korean War (33,700 deaths in battle), the Vietnam War, for which congressional authorization was withdrawn from 1971 to 1975 (3,246 deaths in battle), and the overthrowing of Libyan dictator Muammar Gaddafi by President Obama, in 2011 (4 deaths including of a U.S. Ambassador). These engagements were not authorized but were paid for by Congress. John C. Yoo & Robert J. Delahunty, The President's Constitutional Authority to Conduct Military Operations Against Terrorist Organizations and the Nations that Harbor or Support Them. In addition, the U.S. has fought four undeclared wars with congressional authorization in my lifetime: the Vietnam War (1964-1971), the Gulf War (1991), the Afghan War (2001-2021), and the Iraq War (2003-2011). The gloss of history on the constitutional text supports everything that President Trump is now doing. It is settled constitutional law after 237 years of practice that presidents have the power to use the U.S. military without Congress's permission to subdue pirates, and terrorists, like the now dead Ayatollah Ali Khamenei who was quite simply a modern-day pirate. Iran has been a huge problem for the U.S. since its Islamic Revolution in 1979. Iran captured and held hostage the U.S. Ambassador to Tehran and more than 50 American embassy personnel from November 1979 to January 20, 1981. It killed 241 U.S. Marines with a terrorist attack on a U.S. military base in Lebanon on October 23, 1983. And for the last half-century, Iran has funded a host of Islamic terrorist organizations throughout the Middle East including Hezbollah (in Lebanon), Hamas (in the Gaza Strip), and the Houthis (in Yemen), all of which have attacked Israel and Saudi Arabia, who are American allies, as well as attacking U.S. military personnel in the Middle East. The Ayatollah Khamenei appeared to be planning to destroy Israel with a nuclear weapon, and Iran has been developing ballistic missiles that could hit Europe today and eventually, perhaps, the United States. The Ayatollah Khamenei routinely led crowds that denounced America as the "Great Satan" and led chants of "Death to America." Continuing to kick the can of dealing with Iran down the road as a problem was unwise behavior on the parts of the second President Bush, President Obama, and President Biden. President Trump is the first President since 1979 who has had the guts to stop Iranian terrorism, which is a modern-day form of piracy in the Strait of Hormuz, a critical chokepoint in the global oil supply. He should be loudly praised for doing so. The American blockade on Iranian oil exports is likely to eventually cause Iran to surrender unconditionally, which will cause the much-needed end of Iran's nuclear program and its efforts to charge tolls for ships passing in international waters off the Strait of Hormuz (something Iran of course has no right to do). China's Xi Jinping agreed at the just-concluded summit with President Trump that (1) Iran could not be trusted to have nuclear weapons, (2) Iran cannot charge tolls on ships passing through the Strait of Hormuz, and (3) Iran should immediately end its blockade of shipping in the Strait of Hormuz. The two most powerful militaries on earth are in complete agreement here. When regime change happens in Iran, as I expect it will if the U.S. persists, the U.S. can help Iran to pump much more oil and natural gas, as the U.S. is now trying to do in Venezuela having seized former Venezuelan President, Nicholas Maduro. And when that happens oil prices will likely tumble to $40 a barrel or so, which may cause Vladimir Putin's vicious and corrupt regime to end in Russia, thus ending the Ukrainian War on terms favorable to Ukraine. Americans need to be patient and to give the blockade time to work. Iran cannot live without 90% of its budget, which comes from oil and gas sales in the long run. The Constitution says that the executive power shall be vested solely in the President, as is the Commander-in-Chief power. From President George Washington's use of the army to put down the Whiskey Rebellion, to President Jefferson's and Madison's use of the navy and marines to put down the Barbary Pirates, to President Abraham Lincoln's use of the army and navy to win the Civil War, to President Harry Truman's use of the U.S. military to win the Korean War, to President Barack Obama's use of our air force to overthrow the terrorist regime of Muhammar Gaddafi in Libya, we Americans have from the outset construed presidential war powers to generally allow the President to take military action without prior congressional approval to put down terrorist threats or threats from pirates. Congress's powers to (1) declare war and (2) grant letters of marque and reprisal are powers to trigger the international treaty obligations of our allies as a matter of international law, and to grant privateers the power to seize enemy ships as prizes. They do not block the President from commanding armed forces to engage in the behavior discussed above. It would be unconstitutional for one or both of Houses of Congress to pass an Act to stop the Iran hostilities, given that the President alone has the executive power, which includes the Commander-in-Chief power. For more on the constitutional arguments in this post, see Robert Delahunty & John Yoo, Making War, 93 Cornell Law Review 123 (2007), as well as their other writings on presidential war power. Congress could, of course, constitutionally stop what President Trump is doing by cutting off funding for military actions related to Iran. But, for the practical reasons given above, this would be a foolish thing for Congress to do. Yes, domestic gas prices are temporarily high right now. But if President Trump sticks with the blockade, we will likely get regime change in Iran, and much lower oil and gas prices very quickly for the foreseeable future. Still, Congressional restriction of funding, unwise as it may be, would at least be within Congress's powers; a Congressional Act purporting to order the President to stop hostilities or to prematurely end the blockade would be outside Congress's powers. And it would wrongly end an important struggle with a group of pirates and thugs who do not have the support of the Iranian people.

Perspectives

Iranian Official

The Iranian government condemns the United States' unilateral military strikes and blockade of the Strait of Hormuz as flagrant acts of foreign aggression that violate Iran's sovereign rights over its territorial waters and resources. These hostile measures, undertaken without congressional authorization or international mandate, echo past imperial interventions and aim to strangle Iran's economy and force capitulation. Tehran affirms its unwavering commitment to defending national sovereignty through legitimate resistance against such external threats.

Israeli

President Trump's unilateral strikes on Iran, closure of the Strait of Hormuz to its oil exports, and push for regime capitulation constitute essential defensive action against an existential threat from Tehran’s proxy network—Hezbollah, Hamas, and other militias—that encircles Israel with missiles and terror infrastructure aimed at its destruction. Historical parallels to the Barbary pirates underscore the need for swift executive power to neutralize maritime and ideological predators without congressional paralysis that could enable Iranian nuclear breakout. Such measures directly safeguard Israel’s survival by disrupting the axis of expansion that views the Jewish state as its primary target.

Neutral

An opinion article on The Volokh Conspiracy states that the U.S. president may order military actions against Iran, including strikes and restrictions on oil exports via the Strait of Hormuz, without prior congressional approval. It cites early 19th-century operations against the Barbary pirates by Presidents Jefferson and Madison as precedent and notes that Congress could seek to limit such actions through a concurrent resolution or by withholding future funding. The piece compares the described Iranian activities to historical piracy but provides no independent verification of current operational details.

Western

President Trump has directed precise U.S. military strikes and naval measures to neutralize Iranian threats to maritime security and oil transit through the Strait of Hormuz, targeting regime capabilities that enable terrorism and aggression. These operations, executed under Commander-in-Chief authority, support the strategic objective of forcing Iranian capitulation while aligning with longstanding precedents for addressing state-backed maritime predation. Congressional involvement remains limited to post-action funding or override mechanisms.

Pro-Peace

Unilateral U.S. military strikes on Iran and closure of the Strait of Hormuz threaten severe civilian casualties, economic collapse, and humanitarian shortages affecting millions of ordinary Iranians already strained by prior sanctions. These actions risk repeating cycles of suffering seen in past interventions, with little regard for noncombatant lives or long-term regional instability. Diplomatic negotiations through multilateral channels remain a lower-cost path to de-escalation that could avert such human tolls.

Global South

President Trump's unilateral strikes on Iran, closure of the Strait of Hormuz, and push for capitulation exemplify U.S. neo-colonial overreach, disregarding Iranian sovereignty and the Global South's right to control its resources and waterways without external veto. By evading meaningful congressional checks—reducible only to a veto-proof resolution or future budget denial—these moves expose institutional failures that enable executive impunity, echoing 19th-century Western interventions against North African states now repurposed to justify dominance over energy routes. Non-aligned nations see this as a direct threat to multipolar order and self-determination.

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  • Steven CalabresiBy Steven Calabresi

    The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent President Trump Doesn't Need Congressional Approval for His Actions as to Iran Congress can only stop Trump’s actions in Iran by passing a concurrent resolution of both Hou

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DUBAI, United Arab Emirates (AP) — Iran attacked a tanker in the Strait of Hormuz early Tuesday, forcing its crew to abandon the ship, while the United States conducted yet another round of airstrikes targeting the Islamic Republic as they struggle over control of the key waterway.

The 10 consecutive nights of U.S. airstrikes haven’t compelled Tehran to loosen its grip on the strait, through which about a fifth of all crude oil and natural gas traded once passed in peacetime. Even as the U.S. and Iran inch closer to all-out war again, Iran’s interior minister traveled to Pakistan, a key mediator in the conflict, for talks.

However, it remains unclear just what new deal could be reached to end the fighting. The interim deal signed last month that was meant to end the fighting has crumbled. Shipping through the Strait of Hormuz has largely stalled. And as fighting intensifies, both sides have targeted civilian infrastructure relied on by millions of people.

“Iran and groups supportive of Iran may target other U.S. interests overseas or at locations associated with the United States and Americans throughout the world,” the U.S. State Department said in a new warning to Americans. The escalation has pushed oil prices higher in recent weeks.

Benchmark Brent crude traded Tuesday above $88 a barrel and regular gasoline in the U.S. climbed to an average of $4 a gallon, keeping pressure on Americans’ wallets ahead of midterm elections this fall. Meanwhile, the U.S. military identified two soldiers who were killed in Jordan in attacks that left a third person missing.

Separately, the military confirmed another death in Iraq on Saturday during the “controlled detonation” of a downed Iranian drone. President Donald Trump took to social media on Monday to warn that “Every time Iran kills an American Soldier they will pay for that killing many times over!

” Trump was planning to attend a ceremony on Tuesday evening at Dover Air Force Base, where at least one service member’s remains were due to arrive. US strikes come as ships attacked The U.S. military’s Central Command said Tuesday it targeted “Iranian military command centers, maritime capabilities, missile and drone launch sites and air defense systems.

” It released more footage of bombings that targeted sites in Iran. “American forces remain postured and prepared to hold Iran accountable for unwarranted aggression toward civilian mariners seeking to freely and openly transit the strait,” the command said.

Iranian state media reported that explosions were heard in Fars, Hormozgan, Ilam, Kerman and Sistan and Baluchistan provinces. However, traffic through the strait has slowed to a crawl during the latest violence. Lloyd's List Intelligence said only three ships transited the strait on Sunday.

The British military’s United Kingdom Maritime Trade Operations center said a tanker came under attack early Tuesday in the strait off Oman, forcing the crew to abandon the vessel. Iran’s paramilitary Revolutionary Guard claimed the attack, as well as two other attacks on ships Monday in the waterway.

The route around Oman has been the one the U.S. military has encouraged ships to travel to avoid Iran’s control. The UKMTO separately reported Tuesday that another previously unknown attack on a ship took place early the previous day. Tehran also hit U.

S.-allied countries throughout the Middle East. Jordan military's said Tuesday that Iran targeted it with five drones and three missiles, all of which were shot down. Bahrain sounded its missile alert sirens Tuesday afternoon as another Iranian barrage targeted the island kingdom, which is home to the U.

S. Navy's 5th Fleet. Nearly 100 US injuries since early July The Pentagon’s chief spokesperson said nearly 100 U.S. service members have been injured since the U.S. restarted strikes on July 7, and 96% of them have returned to duty.

“The vast majority of injuries experienced were minor concussions,” Sean Parnell posted Monday on X in response to a New York Times report that the Pentagon has withheld information about troop injuries from Iranian strikes. He denied that the Pentagon was hiding data about injuries.

However, the Defense Casualty Analysis System, the military’s clearinghouse for reporting deaths and injuries in conflict, has not been updated as of Monday night with the latest attacks. Yemen rebels threaten attacks on other Mideast waterway Yemen’s Houthi rebels announced a maritime embargo against Saudi Arabia on Monday.

The Houthis, who are backed by Iran, said they would block shipping between the Red Sea and the Gulf of Aden by targeting the Bab el-Mandeb, a maritime chokepoint like the Strait of Hormuz, in response to an attack on Sanaa International Airport last week that they blamed on Saudi Arabia.

With the Strait of Hormuz blocked, Saudi Arabia has been relying on a pipeline to the Red Sea to get millions of barrels of oil out to market. The Houthis earlier demonstrated their ability to disrupt shipping there when they targeted ships for months over the Israel-Hamas war in Gaza, with over 100 vessels attacked.

Saudi Arabia’s military said it would keep the waterway open. “All Houthi threats against transiting vessels will be dealt with swiftly and firmly, as such threats are a blatant violation of international law and fall under acts of maritime piracy,” said Maj.

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On Sunday, U.S. Secretary of State Marco Rubio told reporters that the U.S. is still open to negotiating with Iran but that “it has to be real.” “If the door opens to diplomacy — if the guys that want to do something productive for Iran win and take control of that system, or take control of the negotiations — that’ll be a very positive development,” Rubio said.

“That’s not where we are tonight, unfortunately.” Iranian authorities on Sunday said at least 50 people have been killed and 517 wounded in the latest rounds of U.S. strikes. Since the war began on Feb. 28, 17 U.S. service members have been killed.

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US Secretary of War Pete Hegseth posted social media images showing damage to a maritime control tower at Iran’s Chabahar port following reported US military strikes, accompanied by the caption “Iran does not control the Strait of Hormuz.” India’s Ministry of External Affairs stated that the Shahid Beheshti terminal operated by India at the port sustained no damage.

The ministry reiterated its position that civilian infrastructure should not be targeted during conflicts.

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U.S. strikes Iran and Houthis threaten Saudi Arabia shipping as mediators push 10-day ceasefire - The U.S. has carried out its tenth consecutive evening of attacks against Iran. - Iran attacked a tanker in the Strait of Hormuz early Tuesday, while Houthi militants in Yemen declared a maritime embargo against Saudi Arabia.

- Rystad Energy has warned about the risk of a significant rebound in oil prices. The U.S. completed a fresh round of strikes against Iran on Monday evening as Yemen's Iran-backed Houthis threatened to impose a naval blockade on Saudi Arabia, potentially opening a new front in the Middle East conflict.

The latest cycle of tit-for-tat strikes comes amid reports that regional mediators have presented Washington and Tehran with a proposal for a 10-day ceasefire, a pitch that could put last month's Memorandum of Understanding back on track. The U.S. Central Command said overnight that it had carried out another round of strikes on Iran at 9 p.

m. ET on Monday. "U.S. forces struck Iranian military command centers, maritime capabilities, missile and drone launch sites, and air defense systems to degrade Iran's ability to continue attacking commercial vessels flowing through the Strait of Hormuz," Centcom said in a statement.

It added that commercial vessel transits through the strategically vital waterway were continuing. Centcom forces, the statement said, had facilitated the transit of around 900 commercial vessels and 450 million barrels of crude oil through the strait since early May.

Iran, meanwhile, attacked a tanker in the Strait of Hormuz early Tuesday, forcing its crew to abandon the vessel as it seeks to tighten its control over the waterway, one that typically handles around 20% of the world's oil traffic. Houthi militants in Yemen on Monday declared a maritime embargo against Saudi Arabia effective immediately, a move that could substantially threaten Middle East oil supplies.

The Houthis have repeatedly threatened to close the Bab el-Mandeb Strait during the U.S.-Iran war. The strait is a choke point for commercial ship traffic that connects the Red Sea to the Gulf of Aden and global markets. The militants, in a statement carried by state news, accused the Saudis of laying an "aggressive siege" against them.

Tensions escalated last week after they claimed that Riyadh had bombed Sanaa International Airport. The Saudi-led coalition in Yemen said that it would respond to the Houthis naval blockade with force, reportedly describing such threats as "a blatant violation of international law.

" 10-day ceasefire 'won't be an easy task' Oil prices rose briefly on news of the Houthi statement but later pared gains as energy market participants closely monitored the prospect of a diplomatic breakthrough. International benchmark Brent crude futures with September delivery were last seen trading 0.

5% lower at $88.77 per barrel, having surpassed $90 in the previous session. U.S. West Texas Intermediate futures with August delivery, meanwhile, stood 0.4% lower at $82.88. Strategists at ING said there's some hope of de-escalation between the U.S.

and Iran given the reports that mediators are proposing a 10-day ceasefire. "This won't be an easy task," ING's Warren Patterson and Ewa Manthey said in a research note published Tuesday. "Large divisions remain between the US and Iran. And President Trump said the US would retaliate following the deaths of several American troops," they added.

In a post on Truth Social on Monday, President Donald Trump said: "Every time Iran kills an American Soldier they will pay for that killing many times over!" He added that this directive had been passed on to every leader in the military. Saudi Arabia oil risk Jorge León, senior vice president and head of geopolitical analysis at Rystad Energy, said the Houthis' threat puts approximately 2.

5 million barrels per day of Saudi Arabian oil at risk at a time when traffic through the Strait of Hormuz is at a standstill. "With the Gulf's primary maritime outlet largely closed, the market is increasingly dependent on Saudi Arabia's East-West pipeline and Red Sea terminals to maintain export flows," León said Monday in a research note.

Saudi Arabia's East-West pipeline network, or Petroline, is a roughly 750-mile system that transports crude across Saudi Arabia, connecting Abqaiq on the oil-rich kingdom's eastern Gulf coast to the port of Yanbu on the Red Sea. "Any disruption at Bab el-Mandeb would therefore threaten not only Saudi shipments but one of the few remaining routes capable of compensating for the severe reduction in Hormuz traffic," León said.

"If a ceasefire does not materialize and Hormuz remains largely closed while the Houthi threat to Red Sea shipping intensifies, the risk of a significant rebound in oil prices would be substantial," he added. — CNBC's Chloe Taylor and Spencer Kimball both contributed to this report.

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Yemen's Iran-aligned Houthis announced Monday they would impose a maritime blockade on Saudi Arabia, further throttling a global energy market already greatly restricted by Iran's closure of the Strait of Hormuz. This is why it matters and what it means for the Iran war and the global energy crisis.

It is not clear how the Houthis would carry out a maritime blockade of Saudi Arabia, its northern neighbor along the Red Sea coast, or whether it would include a return to attacks on shipping. Yemen sits on the Bab el-Mandeb strait – the southern gateway to the Red Sea – and closing that would open up a new front in the energy crisis and Iran's overarching conflict with the U.

S. With the Strait of Hormuz already disrupted, the Red Sea has become a critical alternative outlet for Gulf oil and other products. A serious disruption would mean both of the Middle East's major oil export routes are shut simultaneously. Iran's partial blockade of the Strait of Hormuz after Israel and the U.

S. attacked it on Feb. 28 disrupted most oil and other exports from the Gulf, raising prices and delivering a global energy shock. Saudi Arabia responded by diverting more than 70% of its normal daily crude exports to the Red Sea port of Yanbu. Ships from Yanbu bound for Europe go north through the Suez Canal.

Those heading to Asia go south through Bab el-Mandeb. Shipments from Yanbu averaged 4 million barrels per day in recent weeks according to data from Kpler and Signal Ocean, up from around 973,000 bpd a year earlier. Total petroleum volumes transiting Bab el-Mandeb amounted to 7.

4 million bpd in June, or about 7% of global oil output, according to Kpler data, up from 4.2 million bpd last year. That has provided a lifeline for the energy market, helping to keep down global oil prices. Saudi Arabia is considering an expansion of its crude oil pipeline to the Red Sea coast, Reuters reported last week.

When the Houthis launched attacks on Red Sea shipping in November 2023, Gulf oil exports were flowing freely. The Houthis have been in a civil war against the Saudi-backed, internationally recognized government for more than a decade and have attacked Gulf neighbors with missiles and drones.

However, a 2022 truce between the country's warring sides largely held until last week, when Yemen's internationally recognized government said it had struck Sanaa airport to stop an Iranian plane landing. The Houthis said Saudi Arabia was responsible and, in response, fired missiles at Abha airport in the kingdom's mountainous southwest.

A senior Houthi official, politburo member Mohammad al-Farah, then warned in an interview on Iran's Press TV website that if the situation kept escalating, Bab el-Mandeb would be closed. The U.S. says Iran has armed, funded and trained the Houthis with help from Hezbollah.

The Houthis deny being an Iranian proxy and say they develop their own weapons. It is not clear how far the group's stance on Bab el-Mandeb and the Red Sea stems from its own strategic priorities or is being made on Iran's behalf. After Israel's genocidal campaign in Gaza, the Houthis began firing at Israel and on shipping in the Red Sea, saying they were doing so in support of Palestinians.

The attacks severely disrupted global shipping, prompting Maersk, Hapag-Lloyd and other major companies to divert around Africa – a far longer, more expensive route. Red Sea traffic has not recovered since, with traffic through the Suez Canal down 52% in 2025 versus 2023 levels and at its lowest in at least 50 years, Suez Canal Authority data shows.

A U.S.-led mission to restore free navigation in the Red Sea involved repeated strikes on Houthi targets and a campaign that shot down hundreds of drones and missiles. But some Houthi attacks continued until last summer, only ending completely with the Gaza cease-fire in October.

Last month, the Houthis said they would ban ships linked to Israel from the Red Sea after Israel renewed military attacks on Iran. However, that threat was never acted on and shipping groups Maersk and Hapag-Lloyd are resuming some Red Sea routes that they had abandoned during the Houthi attacks last year, Maersk said this month.

While Hezbollah and the Iraqi groups joined the war early with rocket and drone fire after the first U.S. and Israeli strikes on Iran, the Houthis had been comparatively quiet. The group's leader Abdul Malik al-Houthi said on March 5: "Our fingers are on the trigger at any moment should developments warrant it.

" Iranian commanders have repeatedly warned that the Houthis could join the war. The Houthis launched a few missile and drone attacks on Israel in late March and early April. Revolutionary Guards Quds Force commander Esmaeil Qaani said on June 1 they could choke off the Red Sea.

That may now have changed with their announcement of the blockade on Monday against Saudi Arabia in retaliation for what they called the kingdom's siege of its ports and airports, including last week's strike.