Article II makes the president 'Commander in Chief'—can the president order military strikes without Congress declaring war?

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Article I gives Congress the power to declare war, but the U.S. hasn't formally declared war since 1942. On June 22, 2025, Trump ordered strikes on Iranian nuclear facilities without congressional approval. Senator Tim Kaine introduced a War Powers Resolution to force a vote before military action against Iran, but the Senate rejected it. The 1973 War Powers Resolution requires presidents to notify Congress within 48 hours of military action, but gives the president 60-90 days to act first—and presidents routinely ignore even those limits.

Article II makes the president 'Commander in Chief'—can the president order military strikes without Congress declaring war?

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