United States President Donald Trump posts an image on his Truth Social account showing the Strait of Hormuz as a new US territory.

The post, bearing no caption, comes days after the US leader vowed he would “soon” declare the vital waterway a US territory, as Washington and Tehran struggle to reach a deal to end their nearly six-month conflict.

Webmaster Addition: 

Trump cannot unilaterally make the Strait of Hormuz a U.S. territory simply by issuing a presidential declaration.

And this is particularly relevant because Trump has now publicly said that he intends to do exactly that. On August 14 he said that, after defeating Iran, he would "declare" the Strait of Hormuz a U.S. territory; on August 18 he continued to promote the idea. 

The constitutional problem is substantial:

• Article IV, Section 3, Clause 2 gives Congress the power to make rules and regulations concerning U.S. territories.

• Acquiring foreign territory has historically involved a treaty, congressional action, or both. A treaty requires presidential negotiation and approval by two-thirds of the Senate.

• The President is commander in chief, so he can order U.S. forces to occupy or control territory militarily under appropriate circumstances. But military occupation is not the same thing as legally changing the United States' sovereign boundaries.

• A presidential proclamation cannot, by itself, transfer sovereignty over territory belonging to another sovereign nation.

A useful distinction is:

"We control it" ≠ "It belongs to us."