LOADING

Type to search

ENGLISH NEWS Islamabad National

ISLAMABAD (Digital Post) US-Iran tensions enter legal and constitutional phase.

Share

ISLAMABAD (Digital Post) Tension between the US and Iran has peaked, with military, legal, and diplomatic fronts active. Pakistan has emerged as an important mediator.

During talks that took place in Islamabad, Iran proposed a temporary ceasefire, stating that it would open the Strait of Hormuz to international trade if the ceasefire were accepted.

The closure of the Strait of Hormuz and the threat of war have created uncertainty in global oil prices, which is also directly affecting the US economy.

Tensions between the US and Iran are currently at a critical juncture, with President Donald Trump’s May 1, 2026, deadline approaching. If the case goes to the Supreme Court, the court will either refuse to intervene by declaring it a “political matter,” effectively a victory for the president, or it can uphold the War Powers Act and order the president to stop military action. However, courts generally do not intervene until the impasse between Congress and the president reaches its final stage.

Here are the key points of the current situation:

War Powers Act Deadline:

Under the War Powers Act of 1973, the president must seek approval from Congress within 60 days of initiating military action.

The legal term ends on May 1, 2026, after the action against Iran began on February 28, 2026.

Political deadlock in Congress:

So far, the US Senate and House of Representatives have rejected all resolutions that were introduced to limit the president’s war powers or give them formal authorization. The Republican majority supports the president, while Democrats call the war unconstitutional.

Negotiations and ceasefire: Negotiations have been ongoing in Islamabad, mediated by Pakistan.

Iran has proposed a temporary ceasefire that includes an offer to open the Strait of Hormuz and lift the naval blockade, but a permanent solution has not yet emerged.

Possible scenario: If the president does not receive congressional approval by May 1, he will have to legally order the withdrawal of his troops or limit military operations; he could face a constitutional crisis. However, experts say the president could also request a 30-day extension.

There are currently two major layers of pressure on the US president that are pushing him towards a diplomatic solution:

Domestic pressure (threat of constitutional crisis): If formal approval from Congress is not received by May 1, President Trump’s military actions could be considered “illegal” under US law. Democrats are threatening to take the matter to the courts and impeach the president, which could be politically damaging for them in an election year.

Global pressure (economic and diplomatic blockade): Iran’s blockade of the Strait of Hormuz has pushed up global oil prices, causing concern among China and European allies.

The Pakistan-brokered Islamabad talks have shown an alternative path, supported by the international community, to avert a full-scale war in the region. President Trump now has just days to either convince Congress or save his political reputation by accepting Iran’s offer of a temporary ceasefire.

If President Trump ignores the May 1, 2026, legal deadline, the following scenario could emerge regarding the implications for the U.S. judicial system and the potential role of the Supreme Court:

Political Question Doctrine: Historically, U.S. courts have avoided intervening in disputes over war powers. Past cases, such as Crockett v. Reagan in 1982 and Doe v. Bush in 2002, were dismissed on the grounds that these were “political questions” that should be decided jointly by Congress and the president, not the courts.

 

Possible Supreme Court Hearing:

Experts believe that if members of Congress or military personnel take the issue to court, the case could reach the Supreme Court. In that case, the court would have to decide whether the War Powers Act of 1973 is constitutional, as several presidents have declared it an illegal interference with the president’s powers as “commander in chief.”

Recent court behavior: In February 2026, the Supreme Court struck down President Trump’s global tariff measures, making it clear that the president cannot exceed his powers without congressional approval. The decision could signal that the current court is interested in limiting the president’s emergency powers. Legal immunity issue: A July 2024 Supreme Court ruling held that the president has “immunity” for actions taken in the performance of his official duties. The Trump administration could use the ruling as a defense that the continuation of war is a constitutional authority for the president. Following the talks in Islamabad, mediated by Pakistan, Iran’s official stance has shown a clear flexibility, the main points of which are as follows:

Conditional ceasefire offer:

Iran has formally proposed a temporary ceasefire for the first time. Iranian officials say they are ready to stop their military operations, provided that the US also stops its aggression.

Strait of Hormuz:

Iran has conveyed the message through Pakistan that if there is progress in the ceasefire process, it may consider lifting the naval blockade of the Strait of Hormuz, a vital route for global oil supplies.

Priority to diplomatic solutions:

Iran has made it clear that it does not want a full-scale war. According to the Iranian Foreign Ministry, if the US respects its sovereignty and reduces its interference in the region, it is ready to resolve the issues through negotiations.

Trust in Pakistan:

Iran has praised Pakistan’s role as a “neutral and credible” facilitator, indicating that it prefers regional mediation over direct talks with the US. However, Iran’s position is still tied to the condition that the US must legally end its military operations under the War Powers Act of 1973.

The White House and Pentagon have reacted to Iran’s recent offer of mediation by Pakistan. Here are the key points as per the latest situation: White House position: According to a White House spokesperson, President Trump has reviewed Iran’s proposal that talks about opening the Strait of Hormuz. However, President Trump has expressed doubts about it, saying that Iran’s offer “could have been better”. The White House insists that any deal must include an end to Iran’s nuclear program and uranium enrichment, which is not mentioned in the new proposal. Pentagon position: US Defense Secretary Pat Hegseth has made it clear that the naval blockade will continue until Iran accepts US conditions. The Pentagon says US forces are fully prepared (“Locked and Loaded”) to deal with any situation, and the US Navy currently controls the Strait of Hormuz.

The importance of Pakistan’s mediation:

The White House has recognized Pakistan as the “sole mediator” in the dispute. Although the visit of Suleiman Witkoff and Jared Kushner to Islamabad was postponed, Washington is still in contact with Pakistan through diplomatic channels to maintain pressure on Iran.

Deadline pressure:

President Trump is under intense pressure from the May 1 legal deadline. The White House has indicated that the president himself will decide whether to continue military action after this deadline or turn it into a diplomatic victory. In short, the US is calling this offer a “weakness” on Iran’s part and wants to obtain further concessions from Iran (especially on the nuclear issue) before any final decision is made. Remember, the ongoing tensions between the United States and Iran have now entered a legal phase where President Donald Trump has to contend not only with a cross-border enemy but also with his own country’s constitution and parliament. Under the War Powers Act of 1973, President Trump has until May 1 to seek formal approval from Congress to continue the war; he will have to limit military operations after the 60-day period. When President Trump announced the extension of the ceasefire with Iran on April 22, he did not give a clear date for the resumption of talks, but only said that the naval blockade of Tehran would continue and that he would wait for a new proposal for talks from Iran.

Experts say that the president should be more concerned with the deadline in Washington than with Iran. According to the War Powers Act, if Congress does not pass a joint resolution to continue the war within 60 days, the president has to withdraw his troops. The resolution requires a simple majority in both the House of Representatives and the Senate to pass, which has not yet been achieved. The US president can request an additional 30 days by stating in writing that the forces must remain there due to ‘imperative military necessity’, but if Congress has not formally declared war after 90 days, the president must end the operation anyway. It should be noted that presidents have ignored this law in the past, declaring it unconstitutional, and Congress has no clear legal way to force the president to implement it. Politically, getting approval from Congress seems to be a difficult step for President Trump. Although an attempt to limit the president’s war powers in the Senate on April 15 failed by a vote of 52-47, there is growing unease within the Republican Party. Republican Senator John Curtis recently wrote that I support the president’s defensive measures, but congressional approval is required to continue the war for more than 60 days, as this is a constitutional requirement. Democrat Senator Chris Murphy has also criticized the Senate, saying it is surprising that the Republican leadership of the Senate is not monitoring the war that is spending billions of dollars every week. Although a two-week ceasefire was announced on April 8, the fighting at sea is still ongoing. However, the question remains whether Trump will continue the war after May 1. Trump’s entire identity is based on ‘winning’; if he retreats, it will be considered his defeat. He is like a gambler, and he may prolong this war in the hope of some big success. Experts believe that Trump can resort to the 2001 and 2002 laws that were created to fight terrorism after 9/11 to ignore Congress. Trump also resorted to the same old law to kill Iranian General Qassem Soleimani during his first term in office. Previous US presidents have also used such tactics. Bill Clinton waged a 79-day war against Yugoslavia in 1999, while the Obama administration argued during its 2011 invasion of Libya that since there was no direct fire, it could not be considered a formal war under the War Powers Act.

 

It remains to be seen how President Trump deals with the May 1 deadline and whether he will be able to find a new legal way to continue this costly war despite opposition from the American people. Meanwhile, due to the ongoing tensions between Iran and the United States and the naval blockade of the Strait of Hormuz, Tehran has found a new and unconventional way to save its economy. According to a report by the American journal ‘Wall Street Journal’, Iran is now trying to send crude oil to China by train due to the American guard on the sea routes. The report claimed that this step has been taken at a time when Iran’s oil storage capacity has almost run out, and the situation has become so serious that Tehran is now forced to store oil in garbage dumps and old, inefficient tanks. Experts say that if Iran fails to store or export its oil, it will have to completely shut down its oil wells, which could prove to be a fatal blow to its economy. US President Donald Trump launched a tough naval blockade of the Strait of Hormuz in mid-April, aiming to push the Iranian economy to the ‘shut-in’ point where it would run out of space to store oil and would have to shut down production. President Trump claimed in an interview that the Iranian oil industry had only three days left before the system would collapse, and it would be impossible to restore it. However, energy experts disagree with President Trump’s short timeline. Ian Bremer, founder of the Eurasia Group, says the US is trying to force Iran to sign a peace deal on its own terms by putting unbearable economic pressure on it. According to him, Iran still has about a month left. While Wolf Research analyst Tobin Marks believes that Iran can withstand this pressure for another two months. Tobin Marks called President Trump’s three-day claim “complete nonsense” and said that the president’s plan is actually to hang Iran on a waiting cross to avoid a ground war. Shutting down oil wells is no easy task. According to engineers, restarting the wells once production stops is extremely difficult and expensive, and this risks permanent geographical damage to the oil reserves. About 90 percent of Iran’s oil is exported from ‘Kharg Island’, which has a storage capacity of 20 to 30 million barrels of oil, but under current conditions, this capacity could be filled in a few weeks. Pangea Policy analyst Terry Haynes has described Iran’s recent peace proposal as ‘frivolous’ and said that Iran wants to delay talks on its nuclear program, which the United States will never accept. At present, oil prices in the global market have reached close to $100 per barrel, and the whole world is watching whether this unique project of transferring oil through trains will be able to save Iran from economic collapse.

Leave a Comment

Your email address will not be published. Required fields are marked *

Translate »