Fact Check Team: Iran conflict revives Washington fight over who can authorize US force

WASHINGTON (TNND) — As the war in Iran intensifies across the Middle East, a constitutional battle is unfolding in Washington over a fundamental question: Who has the authority to declare war, Congress or the president?

The debate focuses on the War Powers Resolution, a 1973 law designed to prevent years-long military conflicts without congressional approval. Lawmakers passed the measure in the aftermath of the Vietnam War to reclaim authority they believed had drifted too far toward the executive branch.

What Is the War Powers Resolution?

The War Powers Resolution was intended to put limits on a president’s ability to send U.S. troops into combat without Congress signing off.

Under the law, a president can deploy forces into hostilities only if Congress has formally declared war, passed a specific authorization for the use of military force, or the U.S. has been attacked.

The resolution also sets strict deadlines.

The president must notify Congress within 48 hours of introducing U.S. forces into hostilities. From there, a 60-day clock begins. If Congress does not approve the military action within that time, troops must be withdrawn — though the law allows an additional 30-day wind-down period.

Some argue the law was crafted to prevent “never-ending wars.” While others say presidents from both parties have routinely stretched and sidestepped its requirements.

What Does the Constitution Say?

The War Powers Resolution is rooted directly in the U.S. Constitution.

Article I, Section 8 gives Congress — not the president — the power “to declare War.”

Article II, Section 2 names the president as Commander-in-Chief of the Army and Navy.

In simple terms, Congress decides whether the country goes to war. The president directs the military once it is engaged.

The framers intentionally split that authority. Their goal was to avoid concentrating too much war-making power in one person — likely a reaction to the monarchy they had just broken away from.

But how that balance plays out in real time is often a legal and political fight. At times, disputes over war powers have reached the courts, though Congress and the executive branch frequently resolve them through political pressure rather than judicial rulings.

A Pattern of Stretching the War Powers Resolution

Essentially, every president since 1973 has pushed the boundaries of the War Powers Resolution rather than fully complying with its original intent. As the Council on Foreign Relations explains, the resolution was designed to “provide presidents with the leeway to respond to attacks or other emergencies” but also to **require termination of combat after 60 to 90 days unless Congress authorizes continuation.”

For example:

• Ronald Reagan ordered the U.S. invasion of Grenada in 1983 without prior congressional authorization, later reporting to Congress in a manner “consistent with” the resolution.
• Bill Clinton directed the 1999 NATO air campaign in Kosovo after congressional authorization efforts failed, continuing U.S. engagement beyond the WPR’s typical 60-day reporting window.
• Barack Obama oversaw U.S. participation in the 2011 Libya campaign, arguing that limited strikes did not trigger the full force of the WPR’s time limits.

In more recent years, Donald Trump’s administration has once again brought these issues to the forefront.

War Powers Arguments from the White House

The Trump administration’s principal legal rationale has centered on two points:

Short-term strikes or limited military actions do not always trigger the full 60-day clock under the War Powers Resolution, especially when described as defensive, limited in scope, or tied to national security emergencies rather than prolonged hostilities. In some cases, the White House relies on prior Authorizations for Use of Military Force (AUMFs) or other statutory authorities rather than seeking new congressional approval.

Current Public Opinion on Iran Strikes

Public opinion reflects significant skepticism about the current U.S. military engagement with Iran. A recent Reuters/Ipsos poll found that just 27% of Americans support the recent U.S. and allied strikes on Iran, while 43% disapprove and 29% remain uncertain.

Another national poll conducted by SSRS for CNN found that nearly 60% of U.S. citizens disapprove of the military actions, and a similar share said that President Trump should seek Congressional authorization for further action.

Beyond polling, internal deliberations in Congress have already begun. Both Democratic and Republican lawmakers have pushed for votes on war powers resolutions that would seek to limit or require authorization for further military action against Iran. Past attempts to pass similar restraints have failed, reflecting deep partisan divisions and the complexities of enforcing the War Powers Resolution.