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Reporter’s Notebook: Who really decides when America goes to war? The answer isn’t so clear

Reporter’s Notebook: Who really decides when America goes to war? The answer isn’t so clear

The Founding Fathers were clear about lots of things, but in the era of modern warfare, who calls the shots and has the final say to head into battle was not the Founders’ most crystalline moment. Article I, Section 8 of the Constitution grants Congress the power to “declare War.” But Article II, Section 2 of the Constitution anoints the President “Commander in Chief.” Constitutional scholars argue that Congress must adopt a resolution before sending service personnel into hostilities abroad under the aegis of “war.” But what if you just dispatch B-2 bombers from Whiteman Air Force Base in Missouri to fly halfway around the world and slingshot 14 bunker buster bombs into three of Iran’s nuclear facilities? Or if you greenlight Ohio Class subs to fire 30 Tomahawk missiles into Iran as well? TRUMP RECEIVES MIXED SUPPORT FROM CONGRESS FOR IRAN STRIKES AS WAR POWERS DEBATE RAGES Are you “at war?” Does the president have the authority to do that? What about Congress? Well, if you say the president — or Congress — both can be right. Or wrong. “I’m someone who believes in the Constitution and the War Powers Act,” said Rep. Nancy Mace, R-S.C., on Fox. “(President) Donald Trump did not declare war. He has the right as commander-in-chief to execute a very surgical process.” SENATE GOP AIMS TO APPROVE MAJOR LEGISLATION NEXT WEEK AS TRUMP TOUTS PARTY UNITY  Mace noted “there were no troops on the ground.” But then the South Carolina Republican added this: “The 2001 AUMF is still in place. If we didn’t like it, then Congress should get rid of it,” said Mace. OK. Hold on. We know what “troops on the ground” is. We think (think) we understand what “declaring war” is (or do we?). But pray tell, what in the world is an “AUMF?” That’s congressional speak for an “Authorization for Use of Military Force.” It’s kind of like Congress “declaring war.” Both the House and Senate must vote to “declare war.” Transom windows, pie safes and coal chutes in homes all started to become obsolete in the 1940s. So did “declaring war,” apparently. Congress hasn’t “declared war” since 1942. And that was against Romania. In fact, the U.S. has only “declared war” 11 times in history. And Congress doesn’t just “declare war.” Both the House and Senate must vote. And so what the modern Congress does now is approve an “authorization” to send the military into harm’s way overseas. That could be by sea. Troops on the ground. In the air. You name it. Congress authorized the Gulf of Tonkin Resolution in 1964. That was the gateway to years of fighting in Vietnam and Southeast Asia. More recently, Congress blessed an authorization to invade Afghanistan and wage the “war on terror” in 2001 after 9/11. Lawmakers followed that up in the fall of 2002 for authorization to invade Iraq — on suspicion that Saddam Hussein’s regime had an arsenal of weapons of mass destruction. The U.S. and its allies found nothing after the 2003 invasion. To Mace’s point, the 2001 AUMF is so broad that four American presidents have deployed it for various military action around the world. Mace’s argument would be that Iran or its proxies could launch terrorism attacks — or even a nuclear weapon somewhere. So, the 2001 AUMF is justification for American involvement. That said, most foreign policy and military experts argue that the 2001 and 2002 AUMFs are calcified, legislative relics. This is why it’s a political kaleidoscope about how various lawmakers felt about launching attacks on Iran and if Congress must get involved. Democrats who usually oppose President Trump supported airstrikes. ISRAEL-IRAN CONFLICT: LIVE UPDATES “I’ve been saying, ‘Hell yes’ for I think it’s almost six weeks,” said Sen. John Fetterman, D-Pa. Rep. Debbie Wasserman Schultz, D-Fla., is one of the most pro-Israel lawmakers from either party. “This window is open now,” said Wasserman Schultz before the attack. “We can’t take our boot off their neck.” But possible strikes worried lawmakers even before the U.S. launched them. There’s concern the conflagration could devolve into a broader conflict. “The idea that one strike is going to be adequate, that it’s going to be one and done, I think is a misconception,” said Sen. Richard Blumenthal, D-Conn. Before the conflict, bipartisan House members just returned from Saudi Arabia, the United Arab Emirates and Bahrain. “They are worried that this will escalate,” said Rep. Don Bacon, R-Neb. “And it wouldn’t take a whole lot for it to spiral out of control.” This is why Reps. Thomas Massie, R-Ky., and Ro Khanna, D-Calif., wanted the House to vote on their resolution before the U.S. attacked Iran. “I wouldn’t call my side of the MAGA base isolationists. We are exhausted. We are tired from all of these wars. And we’re non-interventionists,” said Massie on CBS. “You’re wasting billions of our dollars because we’re sending more troops to the Middle East. What did you accomplish? And why are you oblivious to the American people who are sick of these wars?” said Khanna, also on CBS. Rep. Marjorie Taylor Greene, R-Ga., didn’t mention Trump by name, but in a screed posted on X, she excoriated the decision to strike Iran. “Only 6 months in and we are back into foreign wars, regime change, and world war 3. It feels like a complete bait and switch to please the neocons, warmongers, military industrial complex contracts, and neocon tv personalities that MAGA hates and who were NEVER TRUMPERS!” wrote Greene. Rep. Warren Davidson, R-Ohio, also questioned the authority of the president to fire on Iran. “While President Trump’s decision may prove just, it’s hard to conceive a rationale that’s Constitutional,” wrote Davidson on social media. But when it came to Republicans criticizing those who went against Trump, most GOPers took on Massie. “I’m not sure what’s going on with Thomas. He votes no against everything,” said Rep. Greg Murphy, R-N.C., on Fox Business. “I’m not sure why he’s even here anymore.” “He

Supreme Court allows Trump’s third-country deportations, in major test for president

Supreme Court allows Trump’s third-country deportations, in major test for president

The Supreme Court on Monday granted the Trump administration’s request to stay a lower court injunction blocking them from deporting individuals to third countries without prior notice— a near-term win for the Trump administration as it looks to quickly enforce its immigration crackdown.  Justices on the high court ruled 6-3 to stay the lower court injunction, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissenting.  “Rather than allowing our lower court colleagues to man­age this high-stakes litigation with the care and attention it plainly requires, this Court now intervenes to grant the Government emergency relief from an order it has repeat­edly defied,” Justice Sotomayor said. “I cannot join so gross an abuse of the Court’s equitable discretion,” she added.  At issue was a group of migrants challenging their removals to third countries, or countries that were not their country of origin. Lawyers for those migrants had urged the Supreme Court earlier this month to leave in place a ruling from U.S. District Judge Brian Murphy, who previously ordered the Trump administration to keep in U.S. custody all migrants slated for deportation to a country not “explicitly” named in their removal orders – known as a third-country deportation. Murphy, a federal judge in Boston, presided over a class-action lawsuit from migrants who are challenging deportations to third countries, including South Sudan, El Salvador and other countries, including Costa Rica, Guatemala and others that the administration has reportedly eyed in its ongoing wave of deportations. SUPREME COURT ALLOWS TRUMP ADMIN TO MOVE ON ENDING LEGAL PROTECTIONS FOR SOME VENEZUELAN MIGRANTS Murphy ruled that migrants must remain in U.S. custody until they can have the opportunity to conduct a “reasonable fear interview,” or the chance to explain to U.S. officials any fear of persecution or torture should they be released into the country. Murphy stressed his order does not bar Trump “from executing removal orders to third countries.” Instead, he emphasized in an earlier order, “it simply requires” the government “to comply with the law when carrying” out such removals under the U.S. Constitution and the Trump administration’s wave of eleventh-hour removals and deportations.  In appealing the case to the Supreme Court, U.S. Solicitor General D. John Sauer argued that Judge Murphy’s ruling had blocked them from removing “some of the worst of the worst illegal aliens,” including a class of migrants sent to South Sudan earlier this year without due process or notice.  He reiterated in a separate order that the migrants remain in U.S. custody at a military base in Djibouti until each of them could be given a “reasonable fear interview,” or a chance to explain to U.S. officials any fear of persecution or torture, should they be released into South Sudanese custody.  US JUDGE ACCUSES TRUMP ADMIN OF ‘MANUFACTURING CHAOS’ IN SOUTH SUDAN DEPORTATIONS, ESCALATING FEUD The Supreme Court update comes after a flurry of lower court challenges aimed at blocking Trump’s immigration crackdown in his second White House term.  U.S. judges have repeatedly ruled that the Trump administration has violated due process by failing to notify the migrants of their imminent removals, or afford them any opportunity to challenge their deportations in court – a view reiterated, albeit narrowly, by the Supreme Court four separate times since Trump took office. White House officials, meanwhile, have blasted so-called “activist” judges as attempting to enact a political agenda, and have repeatedly rejected the notion that illegal immigrants are not entitled to due process.  As many as a dozen people from several countries, including Vietnam and Myanmar, were allegedly ordered deported to South Sudan— which lawyers for the immigrants previously argued was in “clear violation” of Judge Murphy’s order. This is a breaking news story. Check back for updates.

Moderate House Dem Jared Golden says Trump was ‘right’ to strike Iran

Moderate House Dem Jared Golden says Trump was ‘right’ to strike Iran

A moderate House Democrat is offering rare praise for President Donald Trump after his precision strikes on Iran over the weekend. “Iran is governed by a regime that is hostile to the United States and allied with others that seek the destruction of America. They sponsor terrorist organizations that have killed American troops and citizens and are a source of chaos and bloodshed in the region,” Rep. Jared Golden, D-Maine, said in a statement Monday. “Based on what I know so far, I believe the president was right to launch limited strikes to deter that outcome.” ISRAEL’S ACTIONS AGAINST IRAN CREATE STRATEGIC OPPORTUNITY FOR US IN NUCLEAR TALKS, EXPERTS SAY He cited the International Atomic Energy Agency (IAEA) assessing that Iran was close to a nuclear weapon. “It is important now that the country learns what information helped inform the president’s decision and the timing of these strikes, and that we learn more about whether we were successful in destroying Iran’s nuclear program,” Golden said. “But what matters most now is what happens next: Just today, Iran launched missiles at American bases in Iraq and Qatar. The top priority for the president and his administration, as well as for Congress, must be to use every tool at our disposal to defend Americans and deter further escalation by Tehran.” Golden said he also looked forward to the House of Representatives’ expected briefing on the situation in Iran.  The House-wide briefing is expected to occur at 3 p.m. Tuesday, House Minority Leader Hakeem Jeffries, D-N.Y., said Monday. The Democratic response in Washington to Trump’s strikes has been largely negative, save for a handful of pro-Israel lawmakers, including Sen. John Fetterman, D-Pa. Golden has been known to break from his own party on issues like trade, border security and national security, among other issues. A FULL BREAKDOWN OF OPERATION MIDNIGHT HAMMER, THE ‘LARGEST B-2 OPERATIONAL STRIKE IN US HISTORY’ Golden won his seat in Maine’s 2nd Congressional District by less than 1% in 2024, while Trump carried the district by 10%. When reached for comment on his statement, the White House pointed Fox News Digital to Trump’s recent Truth Social post on Iran’s attack on Al-Udeid Air Base in Qatar, which houses U.S. troops. “Iran has officially responded to our Obliteration of their Nuclear Facilities with a very weak response, which we expected, and have very effectively countered. There have been 14 missiles fired — 13 were knocked down, and 1 was ‘set free,’ because it was headed in a nonthreatening direction. I am pleased to report that NO Americans were harmed, and hardly any damage was done,” Trump said. “Most importantly, they’ve gotten it all out of their ‘system,’ and there will, hopefully, be no further HATE. I want to thank Iran for giving us early notice, which made it possible for no lives to be lost, and nobody to be injured. Perhaps Iran can now proceed to Peace and Harmony in the Region, and I will enthusiastically encourage Israel to do the same.”

Florida AG asks Supreme Court to allow him to continue enforcing controversial immigration law

Florida AG asks Supreme Court to allow him to continue enforcing controversial immigration law

Florida’s attorney general asked the Supreme Court on Monday to allow it to proceed with enforcing a controversial immigration law that seeks to criminalize the arrival or reentry of illegal migrants to the state — teeing up yet another high-stakes, immigration-focused court clash between the Trump administration and immigration advocates. Florida Attorney General James Uthmeier asked justices on the high court to intervene immediately and allow the state to implement Senate Bill 4C, or the Florida law that seeks to criminalize the arrival of undocumented immigrants who had been previously been deported, or who were previously denied entry to the U.S. That law was blocked earlier this year by a federal judge in Miami. The 11th U.S. Circuit Court of Appeals also declined to lift the injunction, paving the way for Uthmeier to seek emergency relief from the Supreme Court. JUDGES V TRUMP: HERE ARE THE KEY COURT BATTLES HALTING THE WHITE HOUSE AGENDA Uthmeier on Monday urged justices to reverse the federal court’s injunction, which he described as detrimental to both state and national interests.  “Illegal immigration continues to wreak havoc in the state while [the] law cannot be enforced,” Uthmeier’s office said in the filing Monday. Absent Supreme Court intervention, Uthmeier argued that Florida and its citizens “will remain disabled from combatting the serious harms of illegal immigration for years as this litigation proceeds through the lower courts.” The request comes after U.S. District Judge Kathleen Williams issued an injunction earlier this year blocking Florida from enforcing the law, which she described as likely unconstitutional, and conflicting with existing federal laws.  APPEALS COURT BLOCKS TRUMP ADMIN’S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT This was opposed by Florida’s attorney general, who argued Monday that “nothing in [S.B.C] poses a conflict with federal law.”  That failed to convince Judge Williams, however.  Williams, an Obama appointee, took the extraordinary step of initiating contempt proceedings against Uthmeier earlier this month for allegedly violating her injunction and allowing police to make arrests under the law. Uthmeier, meanwhile, argued Monday that the Supreme Court should intervene and reverse the lower court rulings, which he described in his appeal as a measure “designed to protect future victims of the violence, drugs, and trafficking fueled by the entry and re-entry into Florida of unauthorized aliens.” “Without this Court’s intervention, Florida and its citizens will remain disabled from combatting the serious harms of illegal immigration for years as this litigation proceeds through the lower courts,” he said. It is unclear if the Supreme Court will take up the case.  The emergency appeal from Florida’s attorney general comes at a time when the Supreme Court is already weighing six emergency applications from the Trump administration, including on weighty issues such as birthright citizenship, universal injunctions, and Trump’s executive branch authorities, among other things.  

Top GOP senator gets inside look at ICE’s dangerous mission as agents battle surge in assaults

Top GOP senator gets inside look at ICE’s dangerous mission as agents battle surge in assaults

EXCLUSIVE: Tennessee Sen. Marsha Blackburn rode along with Immigration and Customs Enforcement in the Volunteer State on Friday as she touted new legislation to penalize those who dox federal law enforcement. During Blackburn’s ride-along in Rutherford County, a suburban and rural area just outside of Nashville, ICE officers were “targeting” an illegal immigrant convicted of child sexual abuse, according to her office. “You really don’t appreciate the amount of work that goes into apprehensions and deportations until you speak with the men and women who are working so hard behind the scenes every single day and see the risks they take firsthand. As ICE officers face a 500% increase in assaults against them, we owe these agents a debt of gratitude for all that they do to keep us safe,” Blackburn said in a statement. NASHVILLE MAYOR STANDS BEHIND DOXING ICE AGENTS EVEN AFTER OFFICIALS SAID HIS ACTIONS PUT THEM IN DANGER “Lawless, left-wing politicians are fueling the surge in assaults against law enforcement officers who risk their lives to keep our communities safe. In stark contrast, President Trump and his administration are standing up for law-abiding citizens over criminal illegal aliens by empowering ICE agents to do their jobs,” she added. Tennessee, particularly the city of Nashville, has become a flash point in the illegal immigration discussion. Nashville Mayor Freddie O’Connell, a Democrat, has opposed the Trump administration’s immigration policies. He recently faced backlash for the names of federal officers being released in a public report, which resulted in doxxing accusations. SCOOP: TOP CONGRESSIONAL COMMITTEES LAUNCH PROBE INTO NASHVILLE MAYOR ACCUSED OF BLOCKING ICE “I wouldn’t say it was an endangerment process. I would say they may have some concerns — I’m far more concerned about the overall dynamic we have about unmarked, unidentifiable masked people whisking people into vehicles — I think that’s a bigger concern,” O’Connell said last week at a press conference. CLICK HERE FOR MORE IMMIGRATION COVERAGE He is currently under investigation by GOP House lawmakers, including Nashville-area Rep. Andy Ogles, for potentially interfering with federal immigration efforts. “It’s not a process that I would characterize as doxxing. It was an unintentional release of names that were already part of a public record,” O’Connell added at the time.  BLUE CITY MAYOR SAYS ICE ARRESTS OF DANGEROUS CRIMINALS ARE NOT ‘FOCUSED ON MAKING US SAFER’ “They were already part of a public record by being in the Department of Emergency Communication’s calls, so I don’t think it puts them at additional risk. But it’s also not an intention of the executive order under which those names are released,” he added. Blackburn introduced the “Protecting Law Enforcement from Doxxing Act” earlier this month to make it illegal to release the name of a federal officer if there was an intention to “obstruct” criminal or immigration proceedings, which was a direct response to the O’Connell controversy and the recent 500% spike in assaults on ICE agents, according to the Department of Homeland Security. Besides the mayor, a recent hit-and-run case allegedly perpetrated by a Venezuelan illegal immigrant in Nashville made national waves, as the suspect is still at large. 

Fox News Politics Newsletter: Nyet So Fast, Dmitry

Fox News Politics Newsletter: Nyet So Fast, Dmitry

Welcome to the Fox News Politics newsletter, with the latest updates on the Trump administration, Capitol Hill and more Fox News politics content. Here’s what’s happening… – Iran launches missile attack on US base in Qatar: Defense official – Americans vulnerable to lone wolf threats, cyberattacks in wake of Iranian airstrikes: former FBI agent – Trump campaign launches crusade against GOP congressman who questioned his authority to strike Iran President Donald Trump took a swipe at former Russian President Dmitry Medvedev for suggesting that other countries would step in to supply Iran with nuclear warheads in retaliation for the U.S. strikes on Saturday that targeted three Iranian nuclear facilities.  “Did I hear Former President Medvedev, from Russia, casually throwing around the ‘N word’ (Nuclear!), and saying that he and other Countries would supply Nuclear Warheads to Iran? Did he really say that or, is it just a figment of my imagination? If he did say that, and, if confirmed, please let me know, IMMEDIATELY. The ‘N word’ should not be treated so casually. I guess that’s why Putin’s ‘THE BOSS,’” Trump said in a Truth Social Post on Monday.  Trump’s comments came after Medvedev, now the deputy chairman of the Security Council of Russia, said that Iran would continue to advance its nuclear program and would receive assistance from other nations to do so… READ MORE.  ‘TRANSPARENT’: White House office tells agencies to apply ‘gold standard science’ to depoliticize research, restore trust SUMMIT STAKES: What to expect in the upcoming NATO summit: Trump, spending, Ukraine, Iran LEADING THE WAY: Trump’s week ahead will include a trip to the Hague to meet with NATO leaders as Iran crisis grows larger AERIAL KNOCKOUT: US strike damage to Iran’s Natanz, Isfahan nuclear facilities captured in satellite images RED ALERT: Americans in Qatar under ‘shelter in place’ order ‘THIS DEMON’: Elite university professor sparks social media backlash after revealing what Iran should do next: ‘This demon’ SECOND BLOW: Iran’s Fordow nuclear site struck second time as IDF targets access routes ‘PANDORA’S BOX’: Russia claims US strikes on Iran have opened a ‘Pandora’s box’ and could lead to global ‘nuclear catastrophe’ SUCCESSION SCRAMBLE: Frontrunners emerge as Iranian officials discuss possible successors to Khamenei: report PAYBACK STRIKES: Iran launches missile attack on US base in Qatar: Defense official OFF THE GRID: Americans vulnerable to lone wolf threats, cyberattacks in wake of Iranian airstrikes: former FBI agent FREEDOM BLUEPRINT: Exiled prince looks to lead Iranian people in ending Islamic Republic: ‘Our Berlin Wall moment’ ALERT RISING: Americans must have ‘higher degree of vigilance’ amid Iran terror threat, House Intel chair warns ‘REALLY CONCERNING’: Ex-ICE chief warns Biden’s border crisis likely fueled Iranian sleeper threat in US NEW RULES OF POWER: Bush’s War on Terror vs Trump’s Iran approach: How US Middle East strategy evolved DEBT-BUSTING SELLOFF: DOGE moves to sell off almost half a billion in federal real estate, relocate cabinet agency HQs REVENGE PLAN: Trump campaign launches crusade against GOP congressman who questioned his authority to strike Iran RULES OF WAR: ‘Mofo…in the White House’: Jasmine Crockett attacks Trump, praises Massie in anti-Iran strike rant BUDGET BATTLE BREWS: Senate GOP aims to approve major legislation next week as Trump touts party unity MESSAGING WAR: House Republicans target ‘vulnerable’ Democrats for voting against tax cuts in ‘big, beautiful bill’ POLITICAL POWER PLAY: Clinton backs Cuomo in NYC mayoral race, boosting scandal-scarred frontrunner BOILING POINT: New York City on high alert for Democrat mayoral primary after US strikes Iran ‘REGULATE HEMP’: Texas official calls out governor for last-minute THC bill veto ‘GET YOURSELF OUT’: American travelers should know escape routes at transit hubs after Iran strikes, security expert warns Get the latest updates on the Trump administration and Congress, exclusive interviews and more on FoxNews.com.