Donald Trump’s decision to launch airstrikes against Iran has ignited a political firestorm in Capitol Hill as lawmakers spar over whether the U.S. president—who did not first seek congressional approval—acted illegally.
Iran on Monday retaliated against the U.S. strikes by launching a wave of ballistic missiles at a U.S. military base in Qatar, deepening concerns of an intensifying regional conflict that could come to fully embroil the United States. The recent escalations could inject new momentum into proposed resolutions in the House and Senate aimed at reining in Trump’s authority to unilaterally order military action in Iran.
Under the U.S. Constitution, only Congress has the power to declare war. Even though the president is named the “commander in chief” of the U.S. military, the 1973 War Powers Resolution only allows the president to order military attacks in three cases: (1) a declaration of war, (2) after receiving “specific statutory authorization” from Congress, or (3) a “national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
In every possible instance, the president should “consult with Congress before introducing United States Armed Forces into hostilities or into situation where imminent involvement in hostilities is clearly indicated by the circumstances,” according to the resolution—although many presidents have historically neglected to do so.
In this case, the Trump administration did not give Congress advance warning of its attack on Iran over the weekend, sparking sharp and immediate outcry from Democratic lawmakers—who roundly condemned the action as illegal and unconstitutional—as well as some Republicans.
Trump officials insist they did not break any rules, and some Republicans have leapt to the White House’s defense, including House Speaker Mike Johnson. U.S. Defense Secretary Pete Hegseth acknowledged in a press conference on Sunday that Congress was only notified “after the planes were safely out.” But the Trump administration “complied with the notification requirements of the War Powers Act,” he said.
Democratic lawmakers and some Republicans have balked at the decision, with Sen. Bernie Sanders condemning the move as “grossly unconstitutional.” “No president can take preemptive military action against another country without authorization of Congress, and what Trump has done in Iran is illegal,” Sen. Chris Murphy said in a statement.
Even before Trump ordered the airstrikes this weekend, top Democrats were already sounding the alarm that the Trump administration was not involving Congress in its planning. Five Democratic senators—Chuck Schumer, Jack Reed, Mark Warner, Patty Murray, and Chris Coons—issued a joint statement last week criticizing the Trump administration for a “lack of preparation, strategy, and clearly defined objectives” and calling for “clear, detailed plan outlining the goals, risks, cost, and timeline for any proposed mission.”
“Congress is an equal partner in preserving and defending U.S. national security around the world, and Congress has not provided authorization for military action against Iran,” the senators said. “We will not rubberstamp military intervention that puts the United States at risk.”
As those concerns grew last week, lawmakers introduced companion legislation in the House and Senate that invokes the 1973 law and is designed to curb Trump’s authority to order military action in Iran without first directly involving Congress.
In the House, Republican Rep. Thomas Massie and Democratic Rep. Ro Khanna jointly introduced a War Powers Resolution aimed at preventing the Trump administration from conducting “unauthorized hostilities” in Iran. The resolution is co-sponsored by more than 10 other Democratic lawmakers.
“The Constitution does not permit the executive branch to unilaterally commit an act of war against a sovereign nation that hasn’t attacked the United States,” Massie said in a statement. “Congress has the sole power to declare war against Iran.”
The Trump administration’s weekend airstrikes could give new urgency to that House resolution, as well as another resolution that Democratic Sen. Tim Kaine introduced in the Senate last week. Kaine’s resolution would require a debate and vote before any U.S. military action against Iran, and the text could be voted on as early as this week.
“This resolution will ensure that if we decide to place our nation’s men and women in uniform into harm’s way, we will have a debate and vote on it in Congress,” Kaine said in a statement.
Yet for all of their efforts, it remains unclear whether either resolution will garner enough support to pass, especially as Republican lawmakers appear to be largely unwilling to cross Trump. Trump has publicly attacked Massie, one of his most outspoken Republican critics, and his team is now reportedly working to unseat the Kentucky lawmaker—delivering a sharp warning to any potential Republican critics.
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