Trump's Unconstitutional War and the Folly of Empires w/ Bruce Fein

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On this edition of Parallax Views, former Associate Deputy Attorney General in the Reagan administration Bruce Fein joins us for an in-depth discussion of President Donald Trump's war against Iran and why he believes it represents one of the gravest constitutional crises in modern American history. Fein argues that the Constitution's Declare War Clause (Article I, Section 8, Clause 11) gives Congress alone the authority to take the United States from a state of peace to a state of war, and contends that Trump's unilateral military campaign against Iran violates both the Constitution and the War Powers Resolution of 1973.

Fein explains why the Founding Fathers—including George Washington, James Madison, and James Wilson—understood the war power to belong exclusively to Congress, and why he believes there is no constitutional ambiguity on the issue. He also discusses the origins of the War Powers Resolution following the Vietnam War and the Gulf of Tonkin Resolution, focusing on Section 5(c), which allows Congress to direct the cessation of hostilities through a concurrent resolution. According to Fein, Congress has already exercised that authority by passing a resolution ordering an end to the conflict with Iran, making Trump's refusal to comply an unprecedented constitutional confrontation.

Beyond the immediate controversy, Fein argues that presidents of both political parties have steadily expanded executive war-making powers since the Korean War, citing military interventions from Truman through Vietnam, Panama, Kosovo, Libya, Syria, Gaza, and now Iran. He contends that Congress has repeatedly failed to defend its constitutional prerogatives, contributing to an erosion of the rule of law and the growth of an increasingly imperial presidency.

The conversation also explores the legal and political mechanisms Fein believes remain available to Congress, including pending legislation sponsored by Representatives Gregory Meeks and Tom Massie that would authorize the House Speaker to seek a federal injunction enforcing Congress's war powers. Fein further discusses impeachment as a constitutional remedy for a president who refuses to faithfully execute the law, and examines whether electoral outcomes could reshape Congress's willingness to reassert its authority.

Finally, Fein warns that the consequences extend far beyond the current conflict. He argues that attacking a non-nuclear state like Iran creates powerful incentives for nuclear proliferation, encourages strategic competition by powers such as China and Russia, and accelerates the pattern of imperial overreach that has historically led to the decline of great powers. Throughout the interview, Fein urges citizens to pressure Congress to enforce the Constitution's allocation of war powers before precedents established today become burdens inherited by future generations.

Bruce Fein is a constitutional lawyer, former Associate Deputy Attorney General under President Ronald Reagan, and author of Constitutional Peril: The Life and Death Struggle For Our Constitution and Democracy.