Under the U.S. Constitution, the president has 60 days to initiate military conflict without congressional approval, followed by a 30-day period for extrication, though this framework creates constitutional ambiguity since Congress holds war declaration power while the president serves as commander-in-chief, leading to potential conflicts between the letter and spirit of the law.
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Can Trump Bypass Congress on Iran?Ajouté :
How can America continue this conflict right now without approval from Congress?
>> So, it is what many people would say you're getting into the inner workings of governing. Some would also say that it is the backbone of democracy.
According to the Constitution, the president has to go to Congress to for authorization. But it's not that simple. He has 60 days where he could get into a conflict as he has and then some would say he has another 30 days which are supposed to be when he's extricating himself. But Pete Hexth said recently that because of the pause the ceasefire that the 60-day clock was going to be reset. Now, not too many people are believing that. Even um many Republicans are saying that's definitely not the case.
We have to remember that this Congress, I think we can all admit, has not been the bravest when it comes to standing up to Donald Trump. It's majority Republicans and they pretty much have been rubber stamping whatever it is that Donald Trump wants. So in this particular case where the constitution, the letter of the law may some say something, there is a spirit that's attached to it that I think says something else. Uh I'll give you an example. Donald Trump recognized when um he wanted to create his ballroom, he was going to have to tear down at least part of the East Wing. So he stood up in front of the press and he said, "I'm only going to be tearing down part of it." Of course, he went ahead and did whatever he wanted to do and the whole thing came down. And his point of view, you kind of can understand it, is that once it's all gone, there's nothing that they can do. So, I think Donald Trump's idea in this particular case when it comes to something like did he go to Congress, didn't he go to Congress, if he absolutely has to, it's something that he can talk about or try and figure out after the fact. The last thing that I will say on this is that the constitution divides it a little bit awkwardly where they constitution says that congress has the power to declare war but we all know that the president who's the commander and chief um controls the military so you're stuck with a lack of clarity and what's supposed to happen is that the spirit is supposed to come into play where you're supposed to come together Republicans and Democrats and figure out what's best but that's certainly not you know we're not in that environment in America in 2026 where you're going to have a lot of compromise on either side.
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