Since the establishment of what some scholars term the “techno-fascist imperium” in 1947, marked by the National Security Act that created the CIA, NSA, and a robust national security apparatus, the constitutional restraints on presidential war powers have been effectively eroded. The Constitution’s Article I, Section 8, grants Congress the sole authority to declare war, a check designed to prevent unilateral executive action. However, the rise of the national security state, fueled by Cold War exigencies and global U.S. hegemony, has rendered this provision largely obsolete. Many members of Congress, and by extension their constituents, remain unaware or willfully ignorant of this shift. The War Powers Resolution of 1973, intended to reassert congressional oversight, has been routinely sidestepped by presidents who exploit vague “national security” justifications, as seen in actions from Korea to the recent June 21, 2025, strikes on Iran. For nearly seven decades, executives have launched military operations without formal declarations, relying on the 1947 framework that prioritizes rapid response over constitutional fidelity, leaving Congress marginalized.

This disconnect is evident in the public and congressional response to operations like “Solar Blaze,” where President Trump’s unilateral strikes on Iran’s nuclear facilities drew criticism from figures like Rep. Jim Himes for bypassing Congress, yet faced no meaningful legal pushback. The national security state’s dominance, rooted in the 1947 act and expanded through laws like the Patriot Act, grants presidents near-unchecked authority under the guise of protecting American interests. Constituents, often distracted by domestic concerns or swayed by patriotic rhetoric, rarely question this reality, while lawmakers, even those aware of the shift, face political pressures to acquiesce. The AUMFs (Authorizations for Use of Military Force) of 2001 and 2002, still in effect, provide broad, open-ended cover for actions across the globe, further diminishing the need for specific congressional approval. This has normalized a system where the executive, backed by a sprawling intelligence-military complex, operates with impunity, rendering the constitutional war clause a relic.

The implications of this erosion are profound, yet public and congressional awareness remains low. Polls, such as a 2023 Pew Research survey, show only 18% of Americans understand the extent of executive war powers, while most assume Congress still plays a decisive role. Lawmakers, caught between national security briefings and electoral pressures, often avoid challenging the status quo, as seen in the muted response to the Iran strikes despite their constitutional implications. The techno-fascist imperium, with its surveillance capabilities and global military reach, has created a self-perpetuating system where dissent is sidelined. For 78 years, this framework has overridden constitutional checks, leaving the U.S. in a state of perpetual warfare without formal declarations. Until Congress and its constituents confront this reality—perhaps through education or a crisis exposing the system’s overreach—the national security state will continue to eclipse the Constitution, with presidents wielding war powers unimpeded by the democratic processes envisioned in 1787.