'Not a bipartisan issue' but a 'Trump issue': Weissmann on Congress' ability to check power

Constitutional & Legal Issues - The Constitution grants Congress the power to declare war, while the President serves as commander-in-chief during a declared war [2] - Significant legal debate exists regarding what constitutes a "war" domestically, considering duration and goals [2][3] - International law considerations include assessing intelligence to determine if military action was a defensive maneuver, involved an imminent threat, and was a proportional response [3] - The White House is limiting intelligence sharing with Congress, raising concerns about transparency and oversight [4] Checks and Balances & Congressional Oversight - Concerns are raised that the current administration believes Congress has no role in reviewing executive actions, mirroring arguments made in courts [6] - Traditionally, presidents from both parties have briefed Congress on intelligence matters, highlighting the current administration's deviation from this practice [7][8] - Congress has been abdicating its responsibility regarding war powers since World War II, the last time a formal declaration of war occurred [13] - The lack of accountability after military action, specifically regarding providing information to assess the legality under international law, is a key concern [23] International Law Considerations - Under international law, a country can act in self-defense or collective self-defense if there is imminent harm, the action is necessary, and the response is proportional [21][22] - Determining whether a military strike violates international law requires access to pre-strike intelligence [23]