Trump has legal authority to attack cartels in Mexico under Constitution

With Puerto Vallarta and the state of Jalisco under siege by gangs, American policymakers need to know that Pres Donald Trump He would be on strong legal footing if he chose to strike the cartels in Mexico or anywhere in the world.

Over the past four decades, drug cartels have transported tens of thousands of military-age men across our borders, many of them carrying weapons of mass destruction like fentanyl or carfentanil. This is not “immigration”. It is an invasion, and under the Constitution, the president has not only the authority but the duty to act.

Although drug cartels are non-state actors, they effectively control approximately one-third of it Mexican territoryExercising quasi-sovereignty by extracting “taxes,” controlling the movement of people, and intimidating and blackmailing the government into doing its will.

Trump did what no president could do in decades: He secured the southern border and stopped the massive influx of illegal aliens and dangerous drugs. But is America required to stand back and wait for criminals to cross our borders in order to defend itself? Of course not. There are many precedents of presidents using the military to confront non-state actors abroad that threatened the lives and livelihoods of Americans — even without Congressional authorization.

A soldier stands guard over a charred vehicle after it was set on fire in Quintezio, Michoacán state, Mexico, Sunday, February 22, 2026, following the death of Jalisco New Generation Cartel leader Nemesio Rubén Oseguera Cervantes, known as “El Mencho.” (AP Photo/Armando Solis)

Shortly after taking office in 1801, President Thomas Jefferson sent Marines “to the shores of Tripoli” to punish pirates who had harassed American merchant ships for years and demanded tribute. Congress was not in session, but Jefferson neither waited for authorization nor called them into session. Despite having a relatively small naval force at the time, the new president sent a squadron to the Mediterranean with orders to sink pirates if necessary. In August 1801, the squadron sank a ship off the coast of Malta without obtaining permission from Congress. In February 1802, Congress authorized the use of force, not a declaration of war.

On March 9, 1916, outlaw Pancho Villa’s raiders killed three American citizens and then crossed the border to attack. Columbus, New MexicoKilling 10 American soldiers, robbing American companies, and killing eight other civilians. Major Frank Tompkins’ men pursued the raiders 15 miles across the Mexican border, killing 100 of them and capturing 30. Villa’s men had previously executed a train car full of American engineers who were on their way to work in Mexico’s mines. The Mexican government consistently proved unable to bring Villa and his men to justice.

President Woodrow Wilson called an emergency Cabinet meeting on March 10. Wilson decided to send the army into northern Mexico, citing an 1882 treaty that allowed “hot pursuit” across the border. Wilson sent 4,800 troops to Mexico under the command of General John J. “Black Jack” Pershing is on a “punitive expedition” to track down Villa and his men. Congress showed its approval with a concurrent resolution two days after the fact. The Mexican government protested and even resisted the army, but ultimately retreated in the face of American force.

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Drug cartels have killed far more Americans than Barbary pirates or Pancho Villa. As the DEA has said repeatedly, nearly all of the drugs that kill Americans today were smuggled across our southern border.

Some libertarians and libertarians would likely object that attacking cartels in Mexico or outside our borders would violate international law. War Powers Actwhich Congress approved over President Nixon’s veto in 1973. But even if the Court upheld the War Powers Act on its merits — which it never did — the law only required that the president notify Congress of the attack within 48 hours and limited the attack to 90 days without congressional authorization.

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Since the passage of the Comprehensive Peace Agreement, presidents of both parties have carried out military operations around the world without Congressional authorization — from Haiti to Libya to Bosnia.

Declarations of war have been extremely rare in our history: the last was in 1942. The Founders gave deliberately The President has broad and complete powers To conduct military operations after the hardened Confederates proved unable to respond to Shay’s Rebellion and the British refusal to withdraw troops from the newly independent American territories. Presidents must be able to act quickly and decisively to protect Americans from national security threats, and the Founders gave them the tools to do so.

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Wilson sent 4,800 troops to Mexico under the command of General John J. “Black Jack” Pershing is on a “punitive expedition” to track down Villa and his men. Congress showed its approval with a concurrent resolution two days after the fact.

After President Trump took office last January, the military began Operation Southern Spear, which included direct attacks on drug smuggling boats from Venezuela. Like Jefferson’s squadron against the Barbary pirates or Wilson’s “punitive expedition” against Pancho Villa, the Trump administration does not wait for criminals to cross our borders — nor should they.

Cartels have enriched themselves for decades by getting Americans addicted to them Deadly drugsIt brought tens of thousands of military-age men to our country and cost hundreds of thousands of American lives. Whether these gangs are based on American soil or on foreign soil, the president stands on solid legal ground to bring them to justice.

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