In a move that reflects the extent of tension between the legislative and executive branches, the US Congress is leading a move using a “legislative weapon” to restrain US President Donald Trump in the conflict with Iran.
On Tuesday, Congress passed a resolution directing Trump to withdraw American forces from hostilities against Iran, highlighting the growing concern among members of the Republican Party to which he belongs regarding the conflict that broke out on February 28.
This move, which received rare support from lawmakers from both the Republican and Democratic parties, reflects the growing concern within American political circles about the ongoing conflict, and highlights once again the battle over who has the right to declare war. Here are four questions that explain the decision and its dimensions:
What is the War Powers Act?
It is an American federal law approved by Congress in 1973 to establish a state of balance between the legislative and executive powers in making decisions related to the involvement of the United States in wars and foreign military operations, through a set of mechanisms that allow the President and Congress to participate in the decisions.
At the same time, the law imposes restrictions on the president’s powers to use armed forces outside the country to carry out actual or potential military attacks without obtaining a declaration of war or explicit authorization from Congress, which requires him to submit periodic reports in periods of military conflicts.
The law requires the president to notify Congress of combat operations within 48 hours of their commencement, and stipulates that any military action initiated without congressional approval must be terminated within a period of 60 days, unless there is an emergency.
Regarding Iran, the 60-day deadline expired on May 1, at which point Trump declared that hostilities had “ended” thanks to the ceasefire, despite the continued attacks and blockade of Iranian ports. Legal experts said that this argument may not stand up to judicial scrutiny.
The 1973 law also established procedures for voting in Congress on war powers resolutions to end hostilities that have not been authorized by lawmakers. These resolutions have priority, meaning they can be put to a vote even without the approval of the leaders of the House and Senate.
What are the powers of the president?
The law includes a set of principles that regulate the use of military force in foreign conflicts, as the President’s powers – in his capacity as Commander-in-Chief of the US Armed Forces – are limited to using forces in actual acts of war in only three cases, including: Congress declaring a state of war, a specific legal authorization from Congress, or a national emergency resulting from an attack on the United States, its lands, possessions, or its armed forces.
The resolution prohibits the involvement of armed forces in military actions by inference from a legal provision or treaty, unless that law or the legislation implementing this treaty expressly authorizes the involvement of armed forces in actual or potential military actions.
The resolution also obligates the President to consult with Congress in every possible case before the armed forces initiate actual or potential military actions, or extend the use of these forces in military actions.
If Congress does not issue a declaration of war or authorize the deployment of armed forces, the President must submit a written report informing him of the following:
- Inserting US forces into actual or potential military actions.
- The introduction of American forces into the territory, space, or waters of a foreign country, equipped for combat, with the exception of deployment operations related to the areas of supply, replacement, repair, or training of these forces.
- A significant increase in the number of combat-ready U.S. armed forces already stationed in a foreign country.
The President is given 48 hours from the deployment of forces to send a report to Congress explaining the details of the decision, its circumstances, scope, estimated duration, and any other information requested by Congress in the context of fulfilling its constitutional responsibilities regarding the involvement of the nation in war and the use of American forces abroad.
During periods of military action by US forces, the President must submit at least one report every six months to Congress.
What are the challenges facing implementing the decision?
Opinions differ on the law, as opponents of the resolution believe that it does not have the force of law because it will not be sent to the White House for Trump to sign or veto it.
However, legal experts say this issue is not a settled legal matter, as no joint resolution has been issued under the War Powers Act of 1973 since the law was enacted.
Scott Anderson, a senior fellow at the Brookings Institution and senior editor at the Lawfare legal website, told Reuters that he expects the executive branch to ignore the decision for constitutional reasons, while it is still unclear who has the right to file a lawsuit to enforce it, but he expected someone to take this step.
Democratic Representative Gregory Meeks of New York, who proposed the resolution in the House of Representatives, believes that the joint resolution is legally binding, and said that he will explore all legal means to ensure that Trump complies with the will of Congress.
Why all this trouble?
Although the US Constitution gives only Congress, not the president, the authority to authorize the use of military force, there are notable precedents in which US presidents have ordered short-term operations to confront an immediate threat.
There have been many resolutions that have been proposed but not approved by the Senate and House of Representatives since Washington and Tel Aviv began their war against Iran, but supporters believe that the close results of the vote send an important signal that lawmakers are trying to regain their authority to declare war and rein in the Trump White House.
Senate Republicans were able to narrowly block a resolution late on Wednesday evening, after two members of the party changed their minds following Trump’s rebuke of them during a lunch meeting that was dominated by a charged atmosphere.
Katherine Yoon Ebright, an expert on war powers at the Brennan Center for Justice at New York University, told Reuters that the war powers resolution sends a strong signal to President Trump that Congress and its two arms – Senate and Representatives – believe that this war has continued for a very long time, and that it violates the war powers resolution as well as the Constitution.
Opponents describe these decisions as political positions that encourage enemies of the United States and inappropriately infringe on the president’s powers as Commander-in-Chief of the Armed Forces.
Where are the voters located in the file?
The consequences of the unpopular war against Iran may be reflected in the midterm elections scheduled for November, and will determine whether Republicans maintain control of Congress.
A Reuters/Ipsos poll this week showed that only one in four Americans believe war is necessary, and a majority are concerned that the ceasefire with Tehran is unlikely to last.
The poll revealed that the war negatively affected Trump’s popularity, with his support rate falling to 34%.
Only 23% of respondents believe that Washington’s position has become stronger than it was before the war began, and 35% believe that this position has declined, with 63% of respondents convinced that the recent initial agreement between the two countries will not succeed in establishing lasting peace.
As for the decision, it is described as a slap at Trump in the midst of negotiations with Iran, while his party has a majority in the House of Representatives and the Senate, which prompted Trump to criticize the decision and said that it was “ill-timed and meaningless,” adding: “These senators have made my mission more difficult, but I will accomplish it one way or another, because I always accomplish missions.”
