Commentary by Sanford D. Horn
June 22, 2025
In basketball parlance, President Donald Trump offered Israel an “assist,” over the weekend, in helping to avoid a greater conflagration versus the Islamic Republic of Iran, or spreading beyond the Middle East. The assist appears to be successful in that Iran’s nuclear enrichment sites have been, according to Trump, “completely and totally obliterated,” and the operation a “spectacular military success,” he said.
In retaining the element of surprise, the precision targeted strikes by the United States on Fordow, Isfahan, and Natanz - all just northwest of central Iran, met with no resistance. These are key sites where Iran had been in the advanced stages of uranium enrichment and had the ballistic missiles with which to strike. Even the IAEA (International Atomic Energy Agency) reported Iran’s “engaging in clandestine nuclear activity.”
“Iran must not have a nuclear weapon,” Trump has repeated for more than 20 years. “Now is the time for peace,” he said following the success of Operation Midnight Hammer, which included the participation of 125 US aircraft in what should be a one and done. These American fighter pilots are to be applauded the world over. On this night, Israel and the United States together saved humanity, and that is not hyperbole. Anyone not seeing the importance and urgency in the actions of Israel and the United States over the last two weeks has absolutely no moral compass.
However, the issue here is the constitutionality of Operation Midnight Hammer. Article II, Section 2 of the US Constitution says that “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States….” Due to the foresight of the Founding Fathers, who installed a series of checks and balances amongst the three branches of the federal government, Article I, Section 8, Clause 11 grants to Congress the power “To declare War.…”
Just to complicate matters, on November 7, 1973, overriding the veto of President Richard M. Nixon, Congress passed the War Powers Resolution, a.k.a. The War Powers Act. The purpose of the WPR is to limit the authority of the president to send US military overseas or into foreign wars without Congressional approval. The War Powers Resolution is actually not Constitutional - the Legislative Branch is curtailing the Executive Branch from exercising its Constitutional duties as Commander in Chief. There is but one Commander in Chief, not 435, and as such, that individual has the responsibility to make decisions about troop movements, et al, at a moment’s notice. He doesn’t have time to consult with 435 people who may or may not even have the appropriate clearance. And let’s not forget the possibility of a House member opposing the Commander in Chief’s decisions and leaks them to the media in an effort to thwart such plans, which could be considered treason.
The quagmire in Vietnam, still having just under two more years of active combat, was not a declared war. Of course tell that to the more than 58,220 Americans who lost their lives fighting in that non-war. During the Korean Conflict, also an undeclared war, 36,574 Americans lost their lives. The fact of the matter is, that the United States has not declared war since June 4, 1942 when it did so against Bulgaria, Hungary, and Romania, who sided with the Axis Powers during World War II.
Every president since 1942, beginning with Harry Truman, when he sent the first “advisors” to Vietnam in 1950, has made unilateral decisions to send troops into harm’s way. Every president from Dwight D. Eisenhower through Gerald Ford continued digging the United States deeper and deeper in Vietnam, where if not for the French and NATO, the US might not have ever set foot.
President Jimmy Carter had the dubious distinction of overseeing the arming and training of Islamist insurgents in Afghanistan fighting against the Soviet Union. This led to the rise of the Taliban and Al-Qaeda, who would ultimately be the villains in the September 11, 2001 terrorist attacks. Islamonaziterrorists brought down the Twin Towers of the World Trade Center in New York City, crashed a plane into the Pentagon in Arlington, VA, and crashed another plane into a field in Shanksville, PA. Were it not for the brave passengers on that flight, that charged the cockpit, that plane had a target of hitting either the White House or the Capitol building. All told, on that horrific day 2,977 innocent men, women, and children lost their lives on American soil, the gravest assault on American territory since the December 7, 1941 bombing of Pearl Harbor.
Under President Ronald Reagan the invasion of Grenada in 1983 was justified for protecting American citizens overseas. President George Herbert Walker Bush’s reasoning for the 1989 Panama invasion concerned drug trafficking. During President Bill Clinton’s terms he cited international obligations to justify sending American troops to Bosnia and Somalia.
President George W. Bush received special dispensation regarding the sending of troops overseas because of the September 11, 2001 terrorist attacks. The nation came together, as did the Congress, which worked in a bipartisan manner to give Bush a wide berth with Operation Enduring Freedom. Congress passed the Authorization for Use of Military Force (AUMF) giving Bush that latitude. Perhaps too wide, as American involvement in Afghanistan ran from 2001-21 when Joe Biden bungled the evacuation of Americans from that country that saw 13 American servicemen murdered on his watch.
Airstrikes on Libya in 2011 under Barack Obama were necessary to protect civilians - Libyan civilians. During Trump’s first term, heavy counterterrorism operations against ISIS, al-Qaeda, in Syria, Iraq, and Afghanistan took place, again largely under the auspices of AUMF. While Biden occupied the White House, and also mostly under AUMF, military operations occurred in Afghanistan, Iraq, Somalia, Syria, and Yemen.
Hardly any effort has been made to reel in the presidents via the War Powers Resolution. Now, with the US assisting Israel in their efforts to rid Iran of any possibility of achieving nuclear weaponry, all of the sudden Trump violated the Constitution and the War Powers Resolution. Why? Because it’s Trump and because it’s Israel.
Trump has not violated the Constitution as he is working to protect Americans at home and abroad - there’s no telling how many sleeper cells are in the United States thanks to the open borders policy under Biden. And there are tens of thousands of American nationals in the Middle East at any given time - both military and civilians. Trump has not called for regime change in Iran (although they sure could use it - its own citizens seem to want that). Iran is responsible for the deaths of well over 1,000 Americans in recent years - that gives Trump cause to be vigilant and cautious against Iran.
Most importantly, Trump has not declared war against Iran - not that he could, legally. Iran has made war against the United States, certainly since the 1979 Iranian Revolution that witnessed the capture of 66 Americans on November 4, 1979, 52 of whom remained hostages in Iran for 444 days, released, not uncoincidentally, on January 20, 1981 - the very day President Reagan took the oath of office.
Opposition coming from the right like Tucker Carlson and Steve Bannon who don’t seem to comprehend America First does not mean America Only. Trump’s decision to assist Israel, from the air, not with boots on the ground, is beneficial to Israel, the United States, and all civilized peoples.
“Today it’s Tel Aviv. Tomorrow it’s New York. Look, I understand ‘America First.’ I don’t understand ‘America Dead.’ That’s what these people want,” said Israeli Prime Minister Benjamin Netanyahu, about Trump’s MAGA critics.
US Rep. Thomas Massie (R-KY), who never met a decision he supports favoring Israel, simply said, “this isn’t Constitutional.” He’s wrong and he’s an antisemite.
In her traditional ignorance and grandstanding, US Rep. Alexandria Ocasio-Cortez (D-NY) said, “the President’s disastrous decision to bomb Iran without authorization is a grave violation of the Constitution and Congressional War Powers.” As a member of Congress she ought to know that under the parameters of the WPR, Trump is required to notify Congress within 48 hours of initial military action, and deployment can only be up to 90 days, sans a Congressional declaration of war. AOC, vapid, Marxist, antisemite that she is, would rather see Iran with nukes that could destroy Israel, than recognize that Trump, along with Netanyahu and their respective militaries and intelligence have saved the world.
“They were notified after the planes were safely out. But we complied with the notification requirements of the War Powers Act,” said Secretary of Defense Pete Hegseth.
US Senator Tim Kaine (D-VA) naively said “the Israeli Foreign Minister admitted yesterday that Israeli bombing had set the Iranian nuclear program back ‘at least two or three years.’ So what made Trump recklessly decide to rush and bomb today? Horrible judgment.” What proof does Kaine have? Even if true, is it acceptable that Iran can continue their goals of building nuclear bombs? Does Kaine not understand what “death to America” and “death to Israel” actually mean? Very shortsighted.
No Senator, it is not acceptable if Iran has nuclear capabilities in two years, three years, or 200 years. President Trump took bold, decisive, measured actions. None of his predecessors had the intestinal fortitude to do so. How do we know Trump’s actions were measured? Because Trump posted on his Truth Social “We know exactly where the so-called ‘Supreme Leader’ is hiding. He is an easy target, but is safe there. We are not going to take him out (kill!), at least not for now. But we don’t want missiles shot at civilians or American soldiers.”
Operation Midnight Hammer seems to be a tremendous success. Success for the people of Israel, the people of the Middle East, the people of the United States, and the people of the civilized world - including the citizenry of Iran who hope and pray for their genuine freedom from the Tyrant of Tehran.
Sanford D. Horn is a writer and educator living in Westfield, IN.
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