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Members of military using force against Greenland without Congressional authorisation are following illegal orders: US Congressman

Under the US Constitution, Congress can declare war while the president serves as commander in chief.

4 min readJan 8, 2026 08:46 PM IST First published on: Jan 8, 2026 at 08:46 PM IST
Members of military participating in using force against Greenland without Congressional authorisation are following illegal orders, warns Congressman Coloured houses covered by snow are seen from the sea in Nuuk, Greenland, on March 6, 2025. (AP Photo/Evgeniy Maloletka, File)

Amid the increasing rhetoric by President Donald Trump and members of his administration that the US could use its military to acquire Greenland from fellow NATO member country, Denmark, a Democratic Congressman has warned that such an action could be illegal.

‘Don’t follow illegal orders’

Ted Lieu, the Democratic Representative of California’s 36th congressional district, on Wednesday warned members of the US military that the use of force in Greenland without Congressional authorisation is illegal.

Members of military participating in using force against Greenland without Congressional authorisation are following illegal orders, warns Congressman
Ted Lieu, the Democratic Representative of California’s 36th congressional district. (Photo: AP)

“There is absolutely no legal justification whatsoever to use military force against a NATO ally, against Greenland,” Lieu, a former Air Force lawyer, said. “And if any military member, including the generals on down to enlisted members, if any of them participate in a use of military force against Greenland without congressional authorization, they are following illegal orders.”

NATO member vs NATO member

Both the US and Denmark are founding members of NATO and, according to Article 5 of the military alliance’s charter, are obliged to come to the aid of the other if one country is attacked. Since its founding in 1949, no NATO member country has launched a military attack on another. If the US launches a military operation to take over Greenland, Denmark has warned that it will be the end of NATO and the collapse of the post-WWII security order.

Congressman Lieu reiterated that the US can’t invade a NATO member country.

“We can’t just invade a NATO country and act like there’s no laws or treaties. America doesn’t threaten our allies. House Democrats are working on war powers legislation right now.

Can US President declare war?

Under the US Constitution, Congress can declare war while the president serves as commander in chief. But lawmakers have not formally declared war since World War II, granting presidents broad latitude to act unilaterally.

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President Donald Trump speaks to House Republican lawmakers during their annual policy retreat, Tuesday, Jan. 6, 2026, in Washington. (AP Photo)
President Donald Trump speaks to House Republican lawmakers during their annual policy retreat, Tuesday, Jan. 6, 2026, in Washington. (AP Photo)

Congress attempted to rein in that authority after the Vietnam War with the War Powers Resolution, passed over Republican President Richard Nixon’s veto. The law requires presidents to notify Congress within 48 hours of deploying forces and to end military action within 60 to 90 days absent authorization — limits that presidents of both parties have routinely stretched.

Democrats argue that those limits are being pushed further than ever. Some Republicans have gone further still, contending congressional approval is unnecessary altogether.

Republican Sen. Lindsey Graham of South Carolina, a close Trump ally who traveled with the president aboard Air Force One on Sunday, said he would be comfortable with Trump taking over other countries without congressional approval, including Greenland.

“The commander in chief is the commander in chief. They can use military force,” Graham said.

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Members of military participating in using force against Greenland without Congressional authorisation are following illegal orders, warns Congressman
FILE – Houses covered by snow are seen on the coast of a sea inlet of Nuuk, Greenland, on March 7, 2025. (AP Photo/Evgeniy Maloletka, File)

While Republicans have cited Greenland’s strategic value, most have balked at the idea of using the military to take the country, instead favouring a potential deal to purchase the country.

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