Pres. Trump unilaterally ordered the execution of an Iranian general. Did he have the constitutional authority to take this action?
The short answer is no. In this episode of Thoughts from Maharrey Head, I explain why. More importantly, I explain why it matters.
SHOW NOTES
Iraq Government’s response to U.S. actions
Constitution 101: What Does It Mean to Declare War?
Under the Constitution: Limited Strikes Qualify as War
Letters of Helvidius – James Madison
In the general distribution of powers, we find that of declaring war expressly vested in the congress, where every other legislative power is declared to be vested; and without any other qualification than what is common to every other legislative act. The constitutional idea of this power would seem then clearly to be, that it is of a legislative and not an executive natureโฆ
ย Those who are toย conduct a warย cannot in the nature of things, be proper or safe judges, whetherย a war oughtย to beย commenced, continued,ย orย concluded. They are barred from the latter functions by a great principle in free government, analogous to that which separates the sword from the purse, or the power of executing from the power of enacting laws.ย
Free E-Book: The Power of No!: The Historical and Constitutional Basis for State Nullification
- The Federal Government is Not the Boss - March 8, 2026
- One Step is a Step Too Far - February 28, 2026
- Freedom Isn’t Granted: It’s Exercised and Defended - February 18, 2026