Supreme Court

Will SCOTUS Review the Iran War's Constitutionality? Don't Count on It.

The judiciary is largely absent from the long-running constitutional debate over undeclared foreign wars.

Damon Root | 3.10.2026 7:00 AM

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In a recent edition of this newsletter, I argued that the war with Iran is unconstitutional because President Donald Trump took the United States to war without first obtaining a congressional declaration of war as required by the U.S. Constitution. In response, a reader we'll call "John A." wrote in to say the following: "Unconstitutional perhaps, but enforcement is political, not judicial."

As a practical matter, "John A." is probably right.

You’re reading Injustice System from Damon Root and Reason. Get more of Damon’s commentary on constitutional law and American history.

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Despite the fact that the Constitution vests the power "to declare War" exclusively in the hands of Congress via Article I, Section 8, the U.S. Supreme Court has proven itself unwilling over the past half-century or so to hear........

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