The War Powers Act of 1973 gives presidents 60 days to conduct military operations before Congress must authorize or end the conflict. Trump launched airstrikes against Iran on March 2 without a single congressional vote. That 60-day constitutional clock expires May 1, five days from now. The Senate had five chances to enforce the law. Republican senators voted no every time.
The Law Is Clear. The Senate Is Not.
The War Powers Resolution is not complicated. A president starts a war, Congress gets 60 days to approve it or it ends. No president has ever had a war terminated by the resolution. Courts have stayed out and Congress has never pushed it to the limit. Senate Republicans are banking on that tradition continuing.
On Wednesday, April 23, the Senate voted 46 to 51 to defeat a Democratic resolution invoking the War Powers Act. It was the fifth such vote in six weeks. Rand Paul (R-KY) was the only Republican to cross over. John Fetterman (D-PA) voted with Republicans against it.
Thune and Risch: Not Our Problem
Senate Majority Leader John Thune has no plans to bring a formal authorization of military force to a vote. Senate Foreign Relations Committee Chair James Risch agrees. Senate Armed Services Chair Roger Wicker said the quiet part out loud.
"Nothing has changed in the makeup of the Senate or the situation in Iran and the Middle East since the last vote." — Sen. Roger Wicker, Senate Armed Services Committee Chairman
Translation: the Senate knows what the law requires and has decided the law does not apply to this president.
The "Concerned" Republicans Who Keep Voting Wrong
Senators Lisa Murkowski (R-AK), Thom Tillis (R-NC), Susan Collins (R-ME), and John Curtis (R-UT) have publicly stated that Congress must authorize the war if Trump does not wind down operations. They have not voted accordingly.
This is the Senate's version of accountability: express concern about the thing you are about to vote to continue. Five times.
What Happens After May 1
The honest answer: no one knows. Courts have historically refused to intervene in war powers disputes. The White House has not committed to respecting the deadline. Senate Republicans have no plans to force the issue. The War Powers Act has never successfully ended a military conflict in its 53-year existence.
The Senate is not blocking the law out of ignorance. The votes are deliberate. The members know what they are doing. They are choosing to give one man the authority to conduct an unauthorized war indefinitely, with no vote, no conditions, and no end date. That is not an oversight failure. That is a choice.
Sources
- Senate Republicans Defeat Iran War Powers Resolution for Fifth Time — The Hill
- Republicans Divided on Whether to Check Trump's Iran War Power — The Hill
- Trump's Iran War Approaches 60-Day Congressional War Powers Deadline — Foreign Policy
- The Law Sets a 60-Day Limit on Unauthorized Wars. Will Trump Respect It? — CNN
- Trump's May 1 Deadline: Can He Continue War on Iran After That? — Al Jazeera
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