Can the President Bomb Iran? Breaking Down Presidential War Powers and Legal Limits

In this episode of Passing Judgment, Jessica Levinson unpacks two pressing legal issues. First, she explores whether the President can legally bomb Iran, looking at the balance of war powers between Congress and the President, the War Powers Resolution, and recent historical precedents. Then, Jessica provides an update on the legal showdown between California Governor Newsom and the Trump administration over federalizing the National Guard, analyzing a recent Ninth Circuit decision and the role of the Posse Comitatus Act. Tune in as Jessica breaks down these timely constitutional questions and their real-world implications. Here are three key takeaways you don't want to miss: Presidential War Powers Are Limited—But Vague: Under Article 2 of the Constitution, the President can order military action in response to imminent threats or sudden attacks, but only Congress can declare war. The limits of what constitutes “imminent threat” or “war in the constitutional sense” are not clearly defined, leading to ongoing legal gray areas. Congressional Oversight Remains Weak: While laws like the War Powers Resolution were intended to check the President’s power, in practice Congress often cedes authority, rarely using funding powers to halt military action even in constitutionally questionable situations. Judicial Review Is Highly Deferential: Courts are reluctant to second-guess military decisions, frequently relying on the political questions doctrine and issues of legal standing. This means even if constitutional boundaries are tested, legal recourse is rare. Follow Our Host: @LevinsonJessica

You can listen to Can the President Bomb Iran? Breaking Down Presidential War Powers and Legal Limits online on Radio and Podcast. Open the player on this page to stream the available audio.

Can the President Bomb Iran? Breaking Down Presidential War Powers and Legal Limits is an episode from Passing Judgment by Jessica Levinson.

This episode is 14:55 long.

This episode was published on Jun 24, 2025.

Yes. Use the heart button on the episode page to add it to your favorite episodes list.

Yes. This page shows related episodes from Passing Judgment when more episodes are available from the podcast feed.