Congress demonstrated its disapproval of the Trump administration’s recent military action against Iran when it approved a bipartisan resolution (S.J. Res. 68) limiting the president’s war powers against that country. Weeks after the Trump administration ordered an airstrike in January that killed Qassem Soleimani, a top Iranian general, the Senate passed S.J. Res. 68 in a 55-45 vote, with eight Republicans joining all Senate Democrats in approving the measure. In March the House passed the measure by a vote of 227-186, with several Republicans joining Democrats in support of the resolution. President Trump, however, is likely to veto it.
“With passage of this resolution, we sent a powerful message that we don’t support starting a war with Iran unless Congress votes that military action is necessary,” Sen. Tim Kaine (D-Va.), who introduced the measure, said in a statement. “If we’re to order our young men and women in uniform to risk their lives and health in war, it should be on the basis of careful deliberation.”
The resolution would remove U.S. military forces from hostilities against Iran that have not been authorized by Congress through a declaration of war or an authorization for use of military force (AUMF). The measure would, however, allow the president to order strikes in cases of self-defense or in response to imminent attacks.
“Although the president, as commander in chief, has the power to lead and defend our armed forces and to respond to imminent attacks, no president has the authority to commit our military to a war,” Sen. Susan Collins (R-Maine), one of three Senate Republican co-sponsors of the resolution, said in a statement. Sens. Rand Paul (RKy.) and Mike Lee (R-Utah) were the other Republican co-sponsors. “It is important to reassert the legislative branch’s war powers authorities regardless of who occupies the White House.”
Republicans who did not support the measure argued that the resolution could bind the president and prevent him from taking quick action against Iran if it were needed. “I know there are some divisions in our conference, but I think the overwhelming majority [of Republicans] will vote against [the measure] for unnecessarily tying the hands of the president,” Sen. John Cornyn (R-Texas) told reporters ahead of the vote. “I mean, we all agree that Congress plays an important role, and we’re not as nimble in actually responding to exigent circumstances.”
President Trump himself echoed this opinion in a tweet posted on the eve of the Senate vote. “If my hands were tied, Iran would have a field day,” he wrote. “Sends a very bad signal. The Democrats are only doing this as an attempt to embarrass the Republican Party.”
When S.J. Res. 68 moved to the House for debate, proponents of the measure, including House Committee on Foreign Affairs Chairman Eliot Engel (D-N.Y.), argued that it would allow Congress “to stand up for its constitutional responsibilities over war powers.”
Engel also noted that while tensions with Iran cooled after the strike that killed Soleimani, hostilities between the two countries could escalate again at any time, so Congress needed to act now to check the president’s war powers. “Congress doesn’t have to wait until the president alone decides to use military force again. Indeed, it is our responsibility to do something because we know that tensions could flare up again at a moment’s notice.” Engel also pointed to the fact that the strike that killed Soleimani was legally authorized by an outdated AUMF in Iraq. “I was here in 2002 when the House considered that resolution, and I can tell you: Congress did not intend for it to authorize a war against Iran,” he said of the 2002 AUMF. “The administration, and any administration, should not be relying on the 2002 AUMF for anything, but we should all be able to recognize that attacking Iran is very different from other uses of force in Iraq.”
Kaine and Sen. Todd Young (R-Ind.) introduced bipartisan legislation in early 2019 to repeal the 1991 and 2002 AUMFs against Iraq to prevent future abuse of the authorizations and to affirm Congress’ authority in declaring and ending war. “This bill is an effort to prevent the future misuse of the expired Gulf and Iraq War authorizations and strengthen Congressional oversight over war powers,” the two senators said in a joint statement.
Although Trump is likely to veto S.J. Res. 68 and the Senate does not have the votes to overturn the veto, supporters still say it carries a powerful message. “The president will veto it,” said Senate Minority Leader Chuck Schumer (D-N.Y.), “but it sends a shot across his bow that the majority of the Senate and the majority of the House do not want the president waging war without congressional approval.”
For more background, see the November 2017 Congressional Digest on “Authorizing Military Force.”
