The SkyePod – French Friday: Is the Iran War Constitutional?

Host: Skye Jethani
Guest: David French
Date: March 27, 2026

Episode Overview

This episode takes a deep dive into the constitutional, legal, and moral legitimacy of the 2026 U.S. war with Iran, following the Trump administration’s recent military actions. Skye Jethani and David French, noted attorney and public intellectual, explore the tangled questions of legality, just war theory, political maneuvering, and the implications for American democracy and global stability. The conversation is both analytical and candid, offering listeners keen insight into one of the most consequential global crises of our era.

Key Discussion Points & Insights

1. Was the Iran War Constitutional?

• Immediate Verdict:
  • French bluntly states:

    “Absolutely not. It did not adhere to American constitutional law.” (01:28)

  • He adds nuance:

    “This is a war, that would be just if it were legal. But because it's legal, it can't be... If it were legal, it would be just. But it is not legal, so therefore it by definition cannot be just.” (01:28-01:49)

• Just War & International Law:
  • Three justifications for war under the UN Charter/just war theory:
    • Self defense
    • Defense of others (collective self-defense; e.g., NATO Article 5)
    • Humanitarian intervention (e.g., genocide prevention, under UN auspices)
  • U.S. wars must align with both the UN Charter and the U.S. Constitution, specifically requiring Congressional approval. (03:00-04:38)

2. Could the War with Iran Be Justified on Its Merits?

• Skye’s Question: Was Iran an imminent enough threat to require U.S. military action? (05:19-06:41)
• David’s Explanation:
  • The only basis for a president to bypass Congress is “imminence” (clear, immediate threat).
  • In this case, there was no true imminent threat—rather, U.S. action was timed with Israel’s attack, not a direct Iranian move against the U.S. (08:29-10:28)
• Memorable Explanation:

  “Imminence is basically the only argument in these circumstances you can make to justify doing an end run around Congress... If there's no imminent strike, then there’s no reason not to go to Congress at all.” (06:41–10:28)

3. Whose War Is This, Really?

• Debate Over Israel’s Role:
  • French is skeptical of administration narratives framing the timing as dictated by Israel’s planned strike:

    “I just don't believe this administration story. I think this is a joint and a weird. And the way the administration spun the story out was terrible for Israel… I think what occurred is that Netanyahu lobbied Trump, but Trump made his own decision.” (13:11–14:31)

  • Both agree the optics raise dangerous, antisemitic tropes about Israel “controlling” U.S. policy—a harmful and inaccurate depiction.

4. The Precedent and Process of War Authorization

• Comparisons to Past Presidents:
  • George W. Bush is cited as following the correct process for Iraq:

    “He spent months preparing the American people, convincing Congress, rallying a bipartisan majority, convincing the UN to issue [a] Security Council resolution…” (16:02)

  • French applies this standard to Obama’s 2011 Libya intervention, emphasizing the legal difference that, “Obama had a Security Council resolution… authorizing members… to use force to prevent a humanitarian catastrophe.” (22:08)
  • The Trump administration, by contrast, “just launched this thing.” (62:01)
• “Whataboutism” Language:

  “MAGA argues… 90% of the arguments MAGA engages in begin with ‘what about?’” (20:16)

5. Congressional Abdication and Political Cowardice

• Structural Flaws:
  • Congress resists “owning” war outcomes, enabling Presidential overreach.

    “There’s sort of this diabolical evil genius element to just going ahead and plunging the troops into combat in a democracy… the only really effective remedy once it fails is honestly, truly impeachment and conviction… or serious penalties at the ballot box.” (25:27–27:16)

• Political Reality:

  “Everyone outside the Republican Party, who is saying, ‘stand up, stand up, stand up.’ Everyone inside… is hearing, ‘sacrifice my career.’” (35:14)

6. MAGA Loyalty and the Cult of Personality

• Explaining MAGA Support:
  • Despite influential MAGA voices (Tucker Carlson, Joe Rogan) criticizing the war, 90+% of self-identified MAGA voters still support Trump. French describes MAGA’s identity as personal, not ideological:

    “The one unifier was…the red hat… supporting Donald Trump… the vast majority of the support for Donald Trump was not ideological; it was personal.” (38:54)

  • He likens allegiance to sticking with a sports team or adopting an identity:

    “I am a Trump supporter. I have endured slings and arrows… it is part of who I am now.” (46:48)

7. Dangers and Downstream Risks of the War

• Potential Outcomes for Iran and Global Security:
  • Iran may ultimately benefit:

    “A weakened regime that remains in power after this war would be able to disrupt shipping whenever… with little effort… If Iran survives… it will have confronted the superpower, prevailed, and know how to keep doing it.” (59:22–60:24)

  • Risks of humanitarian crisis, regime collapse, and emboldened nuclear ambitions are all possible.
  • French warns of reckless escalation reminiscent of the run-up to WWI:

    “For the first time since the end of the Cold War, I’m getting nervous, and that is… I'm getting August 1914 vibes in the recklessness and irresponsibility of our leadership… A collection of world leaders essentially stumbled…” (65:56)

8. The Importance of Constitutional Process and Presidential Character

• Skye’s Reflection:

  “This is why Article 1 matters. It's why you go to Congress and persuade…the need for war… but it's also why… temperament and character and intelligence of the commander in chief matters. And we need to remember that the next time we're electing a president.” (66:53)

• Systemic Problems:

  “When 17 million people can determine not just the future for America, but… perhaps the world, something is seriously broken and can bypass Congress in something as consequential as a war in the Middle East… we need reform.” (71:06)

Notable Quotes

• David French:
  • “Article one does not say Congress declares war unless there's a really juicy target for the president.” (16:00)
  • “If a prior president has engaged in an unlawful conflict, that is not legal precedent for you to engage in an unlawful context.” (19:42)
  • “The cult of personality's point at this point is just beyond debate. What more evidence do you need that it's a cult of personality?” (48:46)
  • “We’re just mashing [Iran] with a hammer with no ability to dictate the outcome. And it’s extraordinary to me what we’re seeing.” (54:52)
• Skye Jethani:
  • “This is the part that…what I appreciate [Bush] did is he was trying to maintain America’s moral authority by saying, we are not just a vengeful people… Instead, he said, we believe in the rule of law, we're following the Constitution, we're persuading the people…” (17:44)
  • “Our system is so broken that it presented us with this person who’s not capable of commanding the most lethal force the world has ever seen.” (68:42)

Important Timestamps

• Legal and Just War Foundations: 01:28–06:41
• Dissecting Imminence and Iran’s Threat: 06:41–10:28
• Israel’s Role & Administration Narratives: 10:28–14:31
• Bush, Obama, Trump Comparison on War Process: 16:02–22:34
• Congressional Abdication & Political Dynamics: 24:10–27:16
• MAGA Voter Psychology & Exit Ramp Analogy: 28:46–31:55
• Cult of Personality and Media Silos: 38:54–43:53
• Potential Consequences of the Iran War: 49:11–61:59
• Alliance Tensions Between U.S. and Israel: 62:01–63:00
• WWI Escalation Parallels & Unchecked Leadership: 65:56–66:22
• Reflections on Presidential Character & Systemic Reform: 66:53–71:06

Memorable Moments

• French’s “diabolical evil genius” comment on putting troops in harm’s way to pressure Congressional acquiescence. (25:27)
• Skye and French’s candid frustration with the cult-like, non-ideological loyalty of MAGA voters. (38:54–39:01)
• Comparison to August 1914—leaders stumbling into global conflict. (65:56)
• “17 million and 78 million”—juxtaposing primary voters with the general electorate as a sign of systemic dysfunction. (70:42)

Summary

This French Friday episode is a multifaceted, incisive discussion examining the 2026 Iran War’s legality, the failures of process and principle from the Trump administration, the abdication of Congressional responsibility, and the perilous road the U.S. and its allies now find themselves on. French’s unique blend of legal expertise, historical context, and political insight makes the conversation both sobering and illuminating. Listeners are left with a deep sense of the dangers posed by impulsive warmaking, broken political incentives, and the erosion of constitutional norms—a warning highly relevant for the future of American democracy and peace.