On Tuesday, House Speaker Mike Johnson, a Republican from Louisiana, asserted that the War Powers Act is unconstitutional and stated that a forthcoming resolution aimed at restricting U.S. military action in Iran under this law will not advance through the House.
Speaking to the media, Johnson defended President Donald Trump’s recent decision to authorize military strikes on Iranian nuclear sites, claiming that the action was “clearly” aligned with the powers granted under Article 2 of the U.S. Constitution.
Johnson noted that many constitutional experts believe the 1973 law, enacted during the Nixon administration to limit presidential authority for unilateral military actions, contravenes Article 2. He remarked, “I think that’s right.”
The Constitution explicitly assigns Congress the authority to declare war, a power that has not been formally invoked with respect to the ongoing conflict in the Middle East involving Iran and Israel. Historically, Congress has refrained from exercising this authority since World War II.
Moreover, the Constitution designates the president as the commander in chief of the military, granting significant control over military engagements. Past presidents have initiated military actions without congressional approval, and experts suggest that Congress and the judiciary might be hesitant to challenge Trump regarding the recent military strikes.
The War Powers Resolution mandates that the president must inform Congress within 48 hours of troop deployment when war has not been officially declared. Should military action continue beyond 60 days, it must either have Congressional approval or a declared war.
Last week, Rep. Thomas Massie, a Republican from Kentucky, along with Democratic Rep. Ro Khanna from California, introduced a War Powers resolution aimed at prohibiting unauthorized U.S. hostilities in Iran.
This resolution has garnered support from over a dozen House Democrats, while Senator Tim Kaine, a Democrat from Virginia, has proposed a similar measure in the Senate.
The resolution is designated as “privileged,” which may facilitate its swift passage through the House despite Johnson’s objections.
However, Massie indicated on Monday that he would halt progression of his resolution if the ceasefire between Iran and Israel remains intact, as reported by Politico.
Trump has publicly criticized Massie over his dissent regarding the substantial tax and spending legislation that the president is urging Republicans to expedite. Massie was among a minority of Republicans who opposed the bill during its consideration by the House last month.
This Tuesday morning, Trump took to Truth Social to label Massie as a “Third Rate Congressman” and a “LOSER.”
In remarks to reporters, Johnson shared that he had asked Massie whether his resolution had become a “moot point” due to Trump’s announcement of a ceasefire. Massie reportedly responded in the affirmative, stating, “yeah, it probably is.”
Consequently, Johnson remarked, “we may not have to act” on the resolution. He expressed hope that such action would not be necessary, citing concerns that advancing the resolution would reflect poorly and emphasizing that it would not pass due to its inappropriateness and erroneous application of the law.
