Congressional War Powers Eroded by Decades of Executive Overreach

The current conflict between Israel and Iran has brought to the forefront a longstanding and unresolved question: who within the U.S. government possesses the constitutional authority to declare war?

On Tuesday, Rep. Thomas Massie (R-Ky.) introduced a resolution, supported by over a dozen Democrats, that seeks to restrict President Donald Trump from initiating military action against Iran without explicit congressional approval. “The Constitution does not allow the executive branch to unilaterally engage in acts of war against a sovereign nation that has not attacked the United States,” Massie stated. “Regardless of whether this is our conflict, it is Congress that must determine the course of action.”

However, numerous experts contend that Congress relinquished its war powers long ago, and reclaiming them will prove challenging.

Following the terrorist attacks on September 11, 2001, Congress enacted a comprehensive Authorization for Use of Military Force (AUMF), granting the president the authority to employ military action against any entity or nation associated with the attacks. The resolution, which remains in effect, established the basis for U.S. military operations that extended well beyond its initial intent, encompassing drone strikes in Africa and airstrikes against ISIS in Iraq, Syria, and Libya.

A distinct AUMF from 2002, designed to rationalize the invasion of Iraq, has similarly been extended over time. President Trump referenced it as legal justification for the 2020 airstrike that resulted in the death of Iranian Gen. Qasem Soleimani. President Joe Biden invoked Article II of the Constitution and Article 51 of the United Nations Charter to justify airstrikes in 2021, thereby bypassing congressional approval.

In 2023, the Senate voted to repeal the 2002 AUMF. However, the repeal has since stalled in the House. The War Powers Resolution, enacted in 1973, mandates that presidents terminate unauthorized military actions after 60 days; however, it is frequently disregarded in practice.

“The War Powers Resolution should not be regarded as a blank check,” stated David Janovsky, acting director of the Constitution Project at the Project on Government Oversight. “However, presidents have been doing precisely that for decades.”

The situation illustrates a significant decline in checks and balances, as political gridlock and executive expediency have increasingly marginalized Congress in one of its most critical duties: determining when the United States engages in warfare.

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