By Week’s End, Trump’s War Will Be Plainly Illegal |
By Week’s End, Trump’s War Will Be Plainly Illegal
Mr. Chemerinsky is the dean of the law school at the University of California, Berkeley.
President Trump’s war with Iran is almost certainly illegal: Congress hasn’t declared war or authorized it by statute, and it wasn’t precipitated by an imminent attack or a national emergency. If the war continues through Friday without congressional approval, it will clearly be illegal, having passed the 60-day threshold and the 48-hour notice period that the president is given, under the War Powers Resolution of 1973, to conduct this kind of military operation.
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