House Speaker Mike Johnson, R-La., argued Tuesday that the War Powers Act, a Nixon-era law limiting the president’s power to unilaterally wage war, is unconstitutional, and vowed that a pending resolution to bar U.S. military action in Iran under that law will not pass the House.
Johnson told reporters that President Donald Trump’s decision to order strikes on Iranian nuclear targets over the weekend was “clearly” within his powers under Article II of the U.S. Constitution.
Many constitutional scholars believe that the law known as the War Powers Resolution violates Article II, Johnson said, adding, “I think that’s right.”
The Constitution gives Congress the power to declare war, which it has not done with respect to the current conflict in the Middle East between Iran and Israel. But the legislative branch has not formally exercised that power since World War II.
The Constitution also makes the president the commander in chief of the nation’s armed forces, giving him significant sway over the use of the military. Previous presidents have taken military action without first seeking congressional approval, and some experts say neither Congress nor the courts are likely to do much to rein in Trump in response to the recent strikes.
