Advisory Opinions Trump Bypasses Congress on Iran
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Mar 3, 2026 Abriel, a Boston Latin freshman who mooted Smith v. Goguen in the Supreme Court Historical Society program, joins the conversation. She explains the Smith v. Goguen vagueness fight and describes the law-school-style mooting and historical exercises. The hosts and Abriel discuss flag-related doctrine changes, how the program shaped her legal interests, and the book-donation push to fund more students.
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Strike On Iran Qualifies As War Requiring Congress
- David French argues the Iran strikes are functionally a war requiring Congress because there was no imminent threat and weeks of buildup made debate possible.
- He contrasts this with past conflicts like Desert Storm and Afghan/Iraq authorizations and rejects reliance on OLC opinions as a substitute for congressional action.
Don't Treat OLC Memos As Constitutional Final Word
- Do not accept OLC opinions as final answers on constitutional limits of presidential war powers because they represent the executive branch's view.
- David French urges insisting that Congress exercise its Article I authority rather than defer to executive legal memos.
War Powers Are A Political Question Not A Legal Fix
- Sarah Isgur emphasizes the political-question nature of war powers disputes and that courts will likely refuse judicial review, leaving enforcement to Congress and voters.
- She highlights Senator Tim Kaine's joint resolution as a live congressional response that could constrain presidential action politically rather than judicially.
