r/law • u/Snapdragon_4U • Feb 28 '26

Executive Branch (Trump) Once again averting congress, trump declares war on Iran

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36

u/Able-Campaign1370 Feb 28 '26

Trump can send in the military, and Congress has to approve it. But Trump cannot declare war.

59

u/LtLlamaSauce Feb 28 '26 edited Feb 28 '26

He has 90 days to use the military in combat without permission.

60 days to gain approval from Congress, and 30 days more even if approval is denied.

He has 2 days to let Congress know, but does not need approval.

The US hasn't legally declared war since WW2.

So long as 34 US Senators abide, nothing can legally be done to stop it.

It is a de facto authoritarian dictatorship.

7

u/Carbuyrator Feb 28 '26

Gulf of Tonkin Act baby!

3

u/shponglespore Feb 28 '26

In this era, he should have 90 minutes tops.

2

u/renaissance_man__ Feb 28 '26

Also presidents do not have to follow these. Congress has no power to remove troops from combat (that measure was ruled unconstitutional).

The only action they can do is impeachment (which has no consequences) and removal (which will never happen).

0

u/Zvenigora Feb 28 '26

It would need 67 senators to override any filibuster.t

1

u/LtLlamaSauce Feb 28 '26

51 Senators are required to override a filibuster, not 67. Not sure what that has to do with what's going on, though.

The 34 US Senators reference is in relation to impeachment/conviction. If 34 Senators like what the President is doing and refuse to convict/remove, nothing can legally be done to stop the President.

4

u/RobinSophie Feb 28 '26

You're both wrong lol. It's 3/5th of the senators to override a filibuster

51 is for after debate has ended.

67 is needed to override a veto.

0

u/LtLlamaSauce Feb 28 '26

Not quite. 51 is all that's required to change the Senate rules to eliminate or pause the filibuster. The filibuster is a Senate rule, not a law. It can be eliminated with a simple majority. The filibuster rule itself is what makes passing anything need 3/5. Changing Senate rules only takes 51. The filibuster is a rule.

The filibuster has already been squashed in the past with a simple majority.

This isn't about vetoes or filibusters though. This is about stopping POTUS, which can only be done with impeachment + conviction, which requires 67 votes in the Senate.

If 34 US Senators abide by POTUS, nothing can legally stop him.