Opinion

JONATHAN TURLEY: Trump strikes Iran — precedent and history are on his side

Trump called the military action a 'war' and said it will not be a limited operation

By Jonathan Turley Fox News

Published February 28, 2026 10:53am EST

Facebook Twitter Threads Flipboard Comments Print Email Add Fox News on Google

close

Video

Iranian missiles begin landing in retaliation to joint strikes

Fox News chief national security correspondent Jennifer Griffin reports on joint strikes targeting Iran and the country’s retaliation.

NEWYou can now listen to Fox News articles!

With the launch of attacks on Iran, some have already declared the strikes unconstitutional. That includes the immediate condemnation of Rep. Thomas Massie. The precedent, however, favors the President in this action, though the attack triggers obligations of notice and consultation with Congress.

I am highly sympathetic to those who criticize the failure to seek declarations of war from Congress before carrying out such operations. Indeed, I have represented members of Congress in opposing such wars. We lost. The courts have allowed presidents to order such attacks unilaterally. 

Article II, Section 2 of the Constitution states that "the President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states." However, the Constitution also expressly states that Congress has the power to declare war under Article I, Section 8, Clause 11.

Our last declared war was World War II. Since that time, Congress and the courts have allowed for resolutions to supplant the declaration requirement. They have also allowed for unilateral attacks on other nations.

Video

President Trump has referred to this action as a "war" and said that it will not be a limited operation.

The attack will result in calls for compliance with the War Powers Resolution, passed by Congress in 1973.

The resolution requires "in the absence of a declaration of war" that a president report to Congress within 48 hours after introducing United States military forces into hostilities. The WPR mandates that operations must end within 60 days absent congressional........

© Fox News