Trump suggests War Powers Act unconstitutional as Iran war hits 60 days
President Trump on Friday suggested that the War Powers Act, which requires presidents to seek congressional authorizations for foreign conflicts, is unconstitutional, as the Iran war hit 60 days, a key milestone under the Vietnam War-era law.
The U.S. and Israel launched attacks against Iran on Feb. 28, but Trump formally notified Congress on March 2 about U.S. military operations against the country — 60 days ago Friday.
Ahead of his departure for a weekend in Florida, Trump was asked whether he would now seek approval from lawmakers.
“It’s never been sought before, there’s been numerous, many, many times and nobody’s ever gotten it before, they consider it totally unconstitutional,” Trump told reporters ahead of his departure from the White House.
“But we’re always in touch with Congress. But, nobody’s ever sought it before; nobody’s ever asked for it before; it’s never been used before. Why should we be different?”
It’s unclear who “they” was a reference to, but it’s a new argument from the Trump administration.
When Defense Secretary Pete Hegseth was asked the same question during a Senate Armed Services Committee hearing Thursday, he did not challenge the constitutionality of the law.
Instead, he said that the 60-day clock was effectively paused when Trump announced a ceasefire with Iran in April.
“We are in a ceasefire right now, which our understanding means the 60-day clock pauses or stops in a ceasefire,” Hegseth told Sen. Tim Kaine (D-Va.) during the hearing.
A senior Trump administration official reiterated that argument in a statement to NewsNation earlier Friday.
Kaine cast doubt on Hegseth’s reasoning Thursday.
“I do not believe the statute would support that,” Kaine told him Thursday. “I think the 60 days runs maybe tomorrow, and it’s going to pose a really important legal question for the administration there.”
The War Powers Act gives the president 60 days of military action to respond to an “imminent threat” before having to end the fighting or receive a vote from Congress. The president may also request a 30-day extension for the safe withdrawal of troops.
Senate Democrats have tried six times to pass a war powers resolution to halt U.S. military operations against Iran without approval from Congress, with the most recent vote on Thursday failing 47 to 50.
Still, it marked the first time Sen. Susan Collins (R-Maine) voted for the resolution, joining most Democrats and Sen. Rand Paul (R-Ky.). Sen. John Curtis (R-Utah) has expressed concern about the war continuing beyond 60 days without the approval from Congress, but he voted against the resolution.
In a statement Thursday , Curtis said the 60-day mark requires decisionmaking from both the administration and Congress, “and that can happen in league with one another, not in conflict.”
House Speaker Mike Johnson (R-La.) seemed to side with the Trump administration’s interpretation in comments to NBC News on Thursday .
“I don’t think we have an active, kinetic military bombing, firing or anything like that. Right now, we are trying to broker a peace,” Johnson said. “I would be very reluctant to get in front of the administration in the midst of these very sensitive negotiations, so we’ll have to see how that plays out.”
While kinetic attacks have largely paused, the U.S. and Iran are locked in a devastating stalemate over the Strait of Hormuz, the critical maritime transit route where about 20 percent of the world’s energy needs travel. Iran is threatening to attack ships that transit the strait without coordination — imposing tolls on some ships.
The U.S. has imposed a blockade on Iranian oil tankers and commercial ships to pressure the Islamic Republic to cede to American demands.
The crisis in the strait has further complicated talks between the U.S. and Iran over Iran’s nuclear program. The U.S. has demanded Iran give up its program to enrich uranium and hand over its stockpile highly enriched uranium that could be used to build a nuclear weapon. Iran claims it does not seek a nuclear weapon but hasn’t agreed to end the nuclear program.
Trump told reporters Friday he was not “satisfied” with recent proposals sent over by Iran.
“They want to make a deal, but I’m not satisfied with it,” he said, without providing any details.
“They’re asking for things I can’t agree to,” he added.
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