Currently, the issue of when and why the Presidents of the US should use military forces abroad has become widely discussed and utterly controversial among scholars, lawmakers, and political representatives. Moreover, the Trump administration’s actions seem to be aimed at the beginning of a war with Iran, which has dramatically increased the concerns. A majority of politicians and lawmakers argue against such a trajectory and demand Congress to interfere, as they claim the administration lacks an obligatory authority of the US Congress. Thus, how should the powers be divided among Congress and the US President? Has it become essential for Congress to play a more significant role in the current political situation?
To start with, the powers of the US President consist of the powers admitted by Article II of the US Constitution, implied powers, powers accepted by Acts of Congress, and, besides, there is soft power. The first type is the powers stated in the US Constitution, while the second type is the powers that, although not stated directly, are implied by officially granted powers. The soft power, in contrast to compulsion, is a political ability to reach the target results by creating an attractive and sympathetic image that provokes voluntary participation. Therefore, it is possible to state that the President crafts foreign policy with the help of the US Congress and usage of soft power. Besides, when managing foreign policy, the President relies on the US Constitution.
In its turn, Congress’s powers are administered by the US Constitution, then determined by the Supreme Court statements. Besides, the powers of Congress can be granted by history, customs, and its efforts. Moreover, there are also implied powers originating from the forces officially admitted by the US Constitution. Actually, the President can use military forces without substantial consultation with the US Congress. However, in this case, a situation would require utterly exigent circumstances. More specifically, the current situation with Iran, the use of forces could result in a conflict, such as war, and, therefore, the consultation with Congress is vital.
The modern US Presidents, such as Bush, Obama, and Trump, were allowed to use military forces with the authorization as a result of the September 11 attack. The resolution was stated by Congress as the Authorization for Use of Military Force (AUMF) in 2001. Although the resolution permitted the Presidents to use forces against people responsible for the September 11 attack, it did not imply the authorizing of the President to engage in a war with Iran in the present.
In other words, it is understandable why such autonomy was given to the Presidents. Still, it is undeniable that the current actions of Trump administration exceed the AUMF frameworks and must be controlled by the US Congress. Therefore, the intervention of Congress into the issue is necessary. However, Congress seems to be afraid of voting on war, since such voting will inevitably result in negative consequences, which is a huge responsibility.
To sum up, currently, as Trump administration’s actions need to be regulated, Congress should play a more significant role at least in deciding on the present military situation. In addition, it might also be the time to consider 2001 AUMF as problematic and outdated and repeal it. The need for the US Congress to step up into the situation is apparent. Moreover, the present issue can be seen as an opportunity to finally deal with 2001 AUMF and make it more appropriate for nowadays politic situation that requires substantial changes.