Could President Trump Rely on Legal Advice to Order the Offensive Use of Military Force at His Discretion?

Abstract

Although the US Constitution permits presidents to order the use of military force without congressional approval only in an emergency context, presidents since Truman—especially after 9/11—have unilaterally ordered the offensive use of military force without congressional approval. Unless Congress asserts its constitutional role, President Donald Trump could continue to draw on this precedent to claim broad discretion to order the use of military force.