Trump Doesn't Have the Authority to Attack North Korea Without Congress
“[The North Korean] regime has signaled its contempt for its neighbors, for all members of the United Nations, and for minimum standards of acceptable international behavior," President Donald Trump said Tuesday morning. “All options are on the table.”
One option that should not be on the table is a “preventive” American military strike against North Korea without United Nations approval, public debate, and a congressional authorization.
If a foreign enemy attacks the U.S. or one of its allies first, or is preparing to do so imminently, the president can order an immediate retaliatory response. But if there’s no such initial attack, the commander in chief cannot decide for himself to take the nation to war. That decision is for Congress. The requirement is not a formality, and it’s not outdated. It’s a central requirement of our system, and for good reason.
Presidents have long chafed against limits on their military power, and each administration; it remains dangerous now that . Under neither president did Congress act effectively to restrict the president’s authority. The world may soon reap the whirlwind that a broken political system has sown.
