As American and European leaders were discussing a path to peace for Ukraine in Washington, Russian missiles were raining down on Ukrainian port facilities. The strikes landed less than a mile from the border of Romania.
In that instant, a foreign conflict came a missile’s-width away from the doorstep of the North Atlantic Treaty Organization – and, by extension, the United States.
The subsequent scrambling of German warplanes from a Romanian air base was more than a routine patrol. It was a live-fire stress test of the most significant and consequential military treaty the United States has ever signed.
This near-miss forces every American to confront the awesome and automatic obligations of the NATO treaty and the constitutional process that would follow if that line were ever crossed.
A Strike on the Doorstep of NATO
The large-scale Russian attack, involving more than 90 drones and missiles, was a brutal message. Ukrainian President Volodymyr Zelenskyy called the strikes “demonstrative,” an act of violent intimidation timed to coincide with the high-level peace talks. By striking so close to a NATO member’s border, Russia was deliberately testing the alliance’s resolve.
For the first time in this conflict, NATO’s Enhanced Air Policing mission was activated in response to a direct threat. While no projectiles crossed into allied territory this time, the incident was a stark reminder of how easily a miscalculation or a stray missile could trigger a direct confrontation between Russia and the West.
The Constitutional Bedrock: What is Article 5?
This is where the debate moves from geopolitics to American constitutional law. The North Atlantic Treaty, which created NATO in 1949, is not just a diplomatic agreement; it is the supreme “Law of the Land,” having been ratified by the U.S. Senate as the Constitution requires. At its heart is the principle of collective defense, enshrined in Article 5.
Article 5 states that an armed attack against one member of the alliance “shall be considered an attack against them all.”
This is the solemn promise that binds the United States to the defense of its 31 allies. It is a promise that has only been invoked once in history – by our allies, in our defense, after the attacks of September 11, 2001.
A Treaty’s Obligation vs. Congress’s Power to Declare War
If one of those Russian missiles had strayed a mile further and struck Romanian territory, would the United States have been automatically at war with Russia? This is a critical constitutional question with a nuanced answer.
The President, as Commander-in-Chief, would have the immediate authority under Article II to respond to an attack on a NATO ally to defend U.S. forces in the region and uphold our treaty obligations.
However, Article 5 itself contains a crucial provision that respects our constitutional system. It states that each member nation will take such action as it deems necessary, including the use of armed force, “in accordance with their respective constitutional processes.”
For the United States, that process is clear. Article I, Section 8 of the Constitution grants the power to “declare War” exclusively to Congress. While the President could engage in initial hostilities, any sustained, large-scale conflict would require an authorization of force or a formal declaration of war from the legislative branch.
The near-miss on the Romanian border was a powerful, real-world fire drill for our most important treaty obligation. It is a sobering reminder that our commitment to defend our allies is not a theoretical promise, but a binding constitutional duty that could, at any moment, require the nation to make the gravest decision a republic can face: the decision to go to war.