To the surprise of no one, Democrats reflexively denounced Trump’s audacious hold on Venezuelan dictator Nicolas Maduro and his wife in the middle of the night.
If Joe Biden, who offered a $25 million reward for Maduro’s arrest, had done what Trump did, the same politicians would stage a ticker-tape parade.
Their condemnation of Trump has nothing to do with the law, even though they pretend it does. Instead, it is transparently driven by their disdain for a president they despise.
Venezuelan President Nicolas Maduro is being held at MDC Brooklyn. (Juan Barreto/AFP via Getty Images and Selcuk Acar/Anadolu via Getty Images)
Without reason, they oppose everything Trump does, even if it is consistent with their previously expressed beliefs.
VENEZELAN LEADER Maduro lands in New York after being captured by US forces on drug conspiracy charges
Almost in unison, Democrats labeled Trump’s action “illegal,” “unjustified” and “unconstitutional.” Many insisted that he should seek permission from Congress.
None of that turns out to be true.
Inherent constitutional authority
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The President is authorized by the U.S. Constitution as Commander in Chief of the Armed Forces to direct military action to protect Americans, strengthen American interests, and defend our national security.
The drug scourge from Venezuela has been poisoning our citizens for a long time. Our government estimates that approximately 200 to 250 tons of cocaine are shipped from the Latin American country each year. America is a favorite destination because of its prosperity.
On this basis alone, the invasion of Caracas was legal, justified and legitimate.
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For years, Maduro led the infamous Cartel de los Soles, a violent drug cartel that the US has labeled a foreign terrorist organization responsible for murders, torture and crimes against humanity so egregious that even the United Nations recognized it.
Left, Venezuelan President Nicolas Maduro speaks during the meeting of lawyers in defense of international law at the Eurobuilding Hotel in Caracas on November 14, 2025. Right, US President Donald Trump during a prime-time address to the nation in the Diplomatic Reception Room of the White House in Washington, DC, on Wednesday, December 17, 2025. (Federico Parra/AFP via Getty Images (left); Doug Mills/The New York Times/Bloomberg via Getty Images (right))
Article II, Section 2 of our Constitution grants the President inherent powers to unilaterally order the armed forces to take military action. His command authority is supreme, and he may conduct campaigns and operations as he sees fit.
Other than a formal declaration of war, a president does not need prior approval from Congress to act. That principle is enshrined in our Constitution and upheld by the U.S. Supreme Court since the founding of our republic.
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In more modern times, the president’s authority over armed action has only increased. Cases involving Truman, Clinton, and Obama strengthened presidential power to direct military operations without congressional authorization.
Trump had every legal and constitutional right to defend the United States from the transportation of deadly illegal drugs and to arrest the man most responsible, who has been federally charged with numerous crimes.
And no, Trump did not violate the War Powers Act, as some of his critics claim. The resolution, adopted in 1973, requires notification to Congress within 48 hours of the deployment of troops to hostilities. It is not a prohibition to trade.
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It implicitly recognizes a president’s inherent power to use military force without specific authorization from Congress. Every American president has done that since the end of World War II. Trump is no exception.
The ‘Take Care Clause’
The president has another authority at his disposal. The “Take Care Clause” in Article II, Section 3 of the Constitution requires the president to “take care that the laws be faithfully executed.”
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Simply put, Trump has a duty to ensure that all federal statutes are enforced. This includes the apprehension, arrest, and prosecution of wanted fugitives who are criminally accused of U.S. crimes and brought to justice.
People react to news of the arrest of Venezuelan President Nicolas Maduro, following US military actions in Venezuela this morning, in Doral, Florida, near Miami, January 3, 2026. Venezuelan President Nicolas Maduro arrived at a military base in the United States on Saturday evening following his capture by US forces in Caracas. Maduro was seen surrounded by FBI agents as he descended the steps of a US government plane at a New York State National Guard facility and was slowly escorted across the tarmac. (GIORGIO VIERA/AFP via Getty Images)
Bringing about Maduro’s arrest qualifies as enforcing all laws. The fact that the suspect is the de facto head of state of another country does not offer him any protection or immunity from the long arm of American law. That is not written anywhere.
US Secretary of State Marco Rubio described Maduro as “a fugitive from US justice.” Given his armed protection, military forces were necessary to effect his arrest. According to Trump, the “operation was conducted in coordination with U.S. law enforcement.”
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This was also the case in 1990 under almost identical circumstances.
Then-President George HW Bush ordered the military to capture Manuel Noriega, the corrupt dictator of Panama who was indicted for drug trafficking and endangering American citizens. After a surprise military operation in the country’s capital, he was taken into custody and returned to the US for trial.
Noriega’s legal team of attorneys has vigorously challenged both his arrest and the U.S. legal authority to try him. Those maneuvers failed, along with his various claims of immunity. He was convicted and imprisoned.
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So we’ve seen this movie before. Maduro’s lawyers will face the same legal challenges. But if the past is prologue, there is little reason to believe the ending will be any different.
This leaves the rather empty claim by Trump opponents that his actions somehow violated the norms and practices of international law. It is a common accusation that is often lacking in substance.
Some point to Article 2(4) of the United Nations Charter, which prohibits member states from “the use of force against the territorial integrity” of any state. However, the Charter provides an exception for self-defense.
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As evidenced by the allegations in Madura’s indictment, his actions as a narco-terrorist flooding the US with deadly drugs fully justifies Trump’s actions as defensive in nature. The ongoing drug trade posed an immediate threat to the lives of American citizens.
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Where there is a conflict between American and international law, our President’s obligations under Article II of the Constitution take precedence and priority over Article 2 of the UN Charter. Members of the United Nations can complain all they want, but the US has a veto in the UN Security Council.
Most Venezuelans seem relieved that the long nightmare of tyranny, oppression and death at the hands of Hugo Chavez and Nicolas Maduro is finally over. Their country is rich with the largest oil reserves in the world.
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If free and fair elections are held as they should be, the impoverished citizens of this proud nation can share in a better future of freedom, economic recovery and financial prosperity.
They will have President Trump to thank for that.
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