March 11, 2026
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12:01Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down the constitutional crisis at the center of Trump's military strikes on Iran — launched without a declaration of war or congressional authorization. The hosts walk through Article I of the Constitution, which gives Congress alone the power to declare and fund war, and Article II, which makes the president commander in chief but only to execute wars Congress has approved. They trace the erosion of that separation since World War II, including the War Powers Act of 1973, which requires the president to notify Congress within 48 hours and withdraw forces within 60-90 days without explicit authorization. Trump's strikes don't fit the narrow exceptions — this isn't a one-off precision strike against a terrorist cell, it's a major combat operation with no clear endpoint, no articulated strategy, and no congressional debate. The attorneys explore Congress's options: passing a war powers resolution (which Trump could veto, requiring a two-thirds override), defunding the operation through the budget process, or judicial challenges — though courts have historically treated war powers disputes as non-justiciable political questions. They note the deep irony of a president who ran on ending foreign wars and mocked predecessors for Middle East entanglements now sending American service members into combat without the constitutional authorization he once demanded of others.
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