Mar. 19, 2026
When war powers are tested, the rule of law counts
In light of recent U.S. military action against Iran, this article analyzes the definition of war, the constitutional allocation of war powers between Congress and the President, and the War Powers Resolution and exceeded presidential authority.
Dan Jacobson
Attorney
Jacobson & Associates
Phone: (714) 505-4872
Email: dlj@jacobsonlawyers.com
Dan Jacobson is a practicing attorney in Tustin; a law professor-emeritus; a retired Governor of the California Insurance Guarantee Association, having been appointed to that position by Congressman John Garamendi, when Congressman Garamendi was California's Insurance Commission; and, a recently retired member of California's Board of Accountancy, having been appointed to that position by Assembly-Speaker Anthony Rendon.
In light of recent U.S. military action
against Iran, it is timely to examine who holds war powers under the
Constitution and how those powers are to be exercised, beginning with a
fundamental question: what constitutes war?
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