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Home » Col. Douglas Macgregor: Trump and the Constitution (Transcript)

Col. Douglas Macgregor: Trump and the Constitution (Transcript)

Read the full transcript of author and former defense advisor Col. Douglas Macgregor’s interview on Judging Freedom Podcast with host Judge Andrew Napolitano on “Trump and the Constitution”, September 5, 2025.

Presidential Authority and Constitutional Limits on War

JUDGE NAPOLITANO: Hi everyone. Judge Andrew Napolitano here for Judging Freedom. Today is Thursday, September 4, 2025. Colonel Douglas McGregor joins us now. Colonel McGregor, a pleasure as always.

I want to have a general conversation with you about the President—not just Donald Trump—and the Constitution. From your own studies, experience and research, do presidents generally take the Constitution seriously when it comes to war?

COL. DOUGLAS MACGREGOR: That’s a very important question. And I guess the evidence is certainly, since Eisenhower left office, not very seriously. And I say that simply because Congress has made it very easy for presidents to employ the military as they saw fit under conditions which they loosely defined as emergency.

This goes all the way back to the Gulf of Tonkin in 1965, that resolution which made it possible for us to effectively declare war on Vietnam. And ever since then we’ve gone through the same routine, despite efforts by people to come up and point out that Congress reserves the right to declare war to itself.

Congressional War Powers and International Law

JUDGE NAPOLITANO: Under the basic rules of war and under several treaties that the US has signed, not the least of which are the four Geneva Conventions, is the Congress able to declare war on anybody it wants or must there be some serious national security threat for the United States to do so?

And the flip side of that is can the president just bomb anybody he wants? He dropped the most expensive bombs, non-nuclear bombs, we have on Iran. And you have argued, as has almost everybody on this program, that Iran presents no national security threat to the United States.

So my question’s convoluted. I’ll make it easier. Could Congress declare war on Iran without it presenting a national security threat to the United States?

COL. DOUGLAS MACGREGOR: Well, I think there’s a lot of evidence that it can. Let’s go back to the Spanish American War. We struggled for a long time with what to do about the insurrection in Cuba against the Spaniards. It didn’t require our intervention to make it successful or to stop it. But there was an enormous groundswell of support in Washington for war against Spain on the grounds that Spain was a foreign power in the Western Hemisphere and should be expelled.

And there were lots of people in the United States who were enamored of that. So Spain suddenly became a national security issue, even though the Spaniards agreed to practically every stipulated condition that we sent them. It’s very similar to what happened to Serbia and Austria-Hungary, where the emperor of Austria sent conditions to the Serbs. The Serbs agreed to virtually all of them except one, which amounted to turning Serbia over to the control of the Austrian empire.

So I think the answer is yes. Congress can do what it wants. There was no danger to us whatsoever from Germany and Austria-Hungary in 1917, but we declared war nonetheless on very, very specious evidence and flaky grounds. Obviously, Pearl Harbor was a different matter entirely, and nobody bothered to ask any hard questions about why the Japanese did what they did. They weren’t interested. Everyone was horrified. That made it quite easy.

And then subsequently, no one expected what happened in Korea to happen. By the way, MacArthur had urged all of our forces be withdrawn from the peninsula. He said the place is indefensible, and he was told to stay there. Very few people are aware of that. So I guess the bottom line is, yeah, it hasn’t been difficult for any administration and any Congress to make up its mind to fight anybody they wanted. So that’s the answer to the first question.

The Appeal of Air Power in Modern Warfare

The second question is very important because it points to something else. Years ago, there was a book written called “Victory Through Air Power.” And subsequently, someone who had been in the Air Force for 30 years wrote another book called “Disaster Through Air Power.”

Now, the reason I’m bringing that up is that air power was something that certainly in the aftermath of the Second World War, became enormously popular in Washington, because air power is something you could use with a low probability of human losses. In other words, losses to your forces. At least that was the assumption at the beginning.

And secondly, that you could bomb at will because most of the targets we were interested in attacking had little or no air defense. In other words, in the minds of politicians, air power was low risk and high payoff because pictures could be supplied showing lots of explosions on the ground, which people equated to effectiveness. Whether or not they actually hit anything or whether or not what they hit was useful or frankly, involved terrible collateral damage. Those things were sort of brushed aside in the media.

So I think, politically, “Disaster Through Air Power” has really encouraged us. It certainly had a lot to do with our interventions in the Balkans. It’s had a lot to do with what happened subsequently in Vietnam that got us into the war there, because initially, this Rolling Thunder failed as a bombing operation. And then we put in ground troops without any particular understanding of what the attainable political military objective was. In fact, there was none.

So you’ve got those two things. They’re two sides of the same coin. On the one hand, can we do whatever we want? I think the evidence is very high or very good that, yes, Congress can do pretty much what it wants. So can the president. And then secondly, air power is always popular because it seems to promise a political effect without much risk.

American Forces as Tripwires for War

JUDGE NAPOLITANO: Tell me about boots on the ground.