Is the U.S. at War With Iran?

[Uncle Joe]

President Trump avoided asking Congress for permission before striking Iran, despite the Constitution saying only the legislature can declare war.

Demonstrators hold signs against the U.S. strikes against Iran in Washington outside the White House on Sunday.Credit...Eric Lee for The New York Times

(snip)

What are legal scholars saying?

Foreign Minister Abbas Araghchi of Iran called the U.S. attack an “outrageous, grave and unprecedented violation” of international law and of the United Nations charter.Credit...Khalil Hamra/Associated Press

Several lawyers and scholars who have studied the international law of armed conflict say the United States is without a doubt at war with Iran for purposes of application of that law, and that Mr. Trump acted in violation of international conventions.

“The short answer is that this is, in my view, illegal under both international law and U.S. domestic law,” said Oona Hathaway, a professor of international law at Yale Law School who has worked at the Defense Department.

Brian Finucane, a former lawyer at the State Department, agreed that Mr. Trump needed to ask Congress for authorization beforehand. He also said “there is certainly a U.S. armed conflict with Iran, so the law of war applies.”

On Sunday, Iran’s foreign minister, Abbas Araghchi, called the U.S. attack an “outrageous, grave and unprecedented violation” of international law and of the United Nations charter, which forbids U.N. members from violating the sovereignty of other members.

(snip)

https://www.nytimes.com/2025/06/22/us/politics/trump-strikes-war-iran.html

[Zorro]

1. Not only that

The USA is at war with the USA.

[Katinfl]

2. Of course it is an act of war and he violated the constitution once again.

So what’s new? What’s gonna happen? Nothing. He dos what he wants, constitution and the law be damned. Congress sure as hell is not doing their job……..they checked out long ago. He does what he pleases, when he pleases and suffers no consequences. Do we have to wait until Nov. 2026 and hope we take control? That’s along time from now and God knows how much more damage he will do. Sadly, I don’t see anything changing. We are so F#$%^&!

[Igel]

3. Has Congress declared war? No.

There's you answer. In some abstract sense.

Does the WPA give Trump 60 days to engage in some military action, subject to a 48-hour period to report his actions to Congress, yes. And that authority extends to a total of 60 days, with a 30-day period for troop withdrawal.

Have presidents always obeyed the Constitution? No. Not for over 70 years. Have those since a (D) Congress overrode Nixon's veto of the WPA? No. Most of those few decided that a AUMF from 2001 even gave them carte blanche and pushed back again Congressfolks' claim of Constitutional violation--"hey, it's against terrorism per the AUMF and nobody can second guess me, senator." Mostly Congress rolled over. (R) legislators don't nail (R) presidents, (D) legislators don't nail (D) presidents.

Note that in the majority of the violations no declaration of war was even clearly forthcoming from the attacked country. It was "one and done."

Whether Iran considers themselves at war with the US is an important question but not this particular question.

[Uncle Joe]

4. The Constitution provides that the President shall take Care that the Laws be faithfully executed.

The OP is speaking of both national and international law.

Several lawyers and scholars who have studied the international law of armed conflict say the United States is without a doubt at war with Iran for purposes of application of that law, and that Mr. Trump acted in violation of international conventions.

“The short answer is that this is, in my view, illegal under both international law and U.S. domestic law,” said Oona Hathaway, a professor of international law at Yale Law School who has worked at the Defense Department."

Not just law but logic and common sense would consider any nation bombing another to be an act of war, we certainly would if it happened to us.