Trump’s Unilateral Strike on Iran: Harvard Law Scholar Confirms Constitutional Legitimacy

Harvard Law professor emeritus Alan Dershowitz declared Sunday that President Donald Trump’s decision to launch a surprise military strike against Iran is fully constitutional and does not violate federal law, dismissing allegations from critics as “dead wrong.”

In an interview, Dershowitz elaborated on the constitutional framework: “The Constitution grants the president of the United States sole authority to serve as commander in chief of the army and naval forces, but Article I stipulates that Congress holds the power to declare war,” he stated.

Dershowitz highlighted tensions surrounding the 1973 War Powers Resolution, which mandates presidential notification to Congress within 48 hours of military action. “There’s a real question about whether the War Powers Act is constitutional,” he said. “I don’t think it’s constitutional. The Constitution determines what powers are allocated to Congress and what powers are granted to the president.”

He noted that the original Constitution provided Congress with broader authority over war, but James Madison narrowed this scope. “Congress only has the power to declare war,” Dershowitz emphasized.

The United States has not formally declared war since June 1942, when it entered World War II against Romania. Since then, presidents of both parties have initiated military operations without congressional approval—including in Korea, Vietnam, Afghanistan, and Iraq.

“Every Democratic president since has taken some military actions without congressional approval,” Dershowitz added. “Therefore, President Trump’s decision to conduct a surprise attack that precludes Congress from debating it is completely lawful, constitutionally sound, and aligns with national interests.”

Addressing lawmakers who labeled the strike illegal, including Senator Tim Kaine of Virginia, Dershowitz called such claims premature and constitutionally unsupported. “When you get people like Kaine and other senators—even reasonable ones—saying this is illegal, they’re jumping the gun,” he remarked.

Dershowitz referenced legal challenges during the Vietnam War that sought Supreme Court intervention over presidential war powers. “The courts rejected all those requests,” he stated. “Thus, the notion that President Trump’s actions are clearly illegal under constitutional law is dead wrong.”

Turning to Middle Eastern implications, Dershowitz expressed hope that confronting Iran could foster regional peace. “This will help promote lasting peace in the Middle East,” he said. “There’s broad consensus that without a change of regime in Iran, there can never be peace in the region.”

He added that Iran historically maintained alliances with both Israel and the United States under the shah, suggesting it could do so again under new leadership. “If Iran becomes an ally rather than an enemy, there will be peace in the Middle East for the first time in our lifetimes,” Dershowitz declared.

Dershowitz also expressed condolences for American and Israeli service members who died in the strikes: “War takes lives, and the president has the authority to wage war—though not to declare it. Declaring war has become a real anachronism.”