Trump calls War Powers Act unconstitutional as 60-day Iran deadline arrives without congressional vote

 May 2, 2026
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President Trump declared Friday that the War Powers Act is "totally unconstitutional," dismissing calls for congressional authorization of U.S. military operations against Iran just as the law's 60-day deadline landed on his desk. The comment, made to reporters as he left the White House for a weekend in Florida, marked the administration's most direct challenge yet to the 1973 statute that has governed the balance between presidential war-making and congressional authority for more than half a century.

The deadline arrived without a whimper from Capitol Hill. Congress took no action to authorize force. Senate Democrats failed, for the sixth time, to pass a war powers resolution halting the operations. And Republican leadership made clear it had no intention of forcing the question.

The result is a constitutional gray zone that suits the White House just fine, and that ought to trouble anyone who believes the Founders meant what they wrote when they gave Congress the power to declare war.

The administration's legal theory: hostilities have "terminated"

The U.S. and Israel launched strikes against Iran on February 28. Trump formally notified Congress on March 2, starting the War Powers Resolution's 60-day clock. Under the statute, the president may conduct military operations in response to an "imminent threat" for 60 days before he must either end the fighting or obtain a vote from Congress. A 30-day extension is available for the safe withdrawal of troops.

But the administration is not asking for an extension. It is not asking for a vote. Instead, it is arguing the clock stopped ticking altogether. Defense Secretary Pete Hegseth told the Senate Armed Services Committee on Thursday that the April ceasefire Trump announced with Iran effectively froze the timeline. The Hill reported Hegseth's remarks:

"We are in a ceasefire right now, which our understanding means the 60-day clock pauses or stops in a ceasefire."

A senior administration official went further in a statement to NewsNation earlier Friday, saying that for purposes of the law, "the hostilities that began on Saturday, Feb. 28 have terminated." That language, reported by the AP, is the administration's clearest attempt to declare the legal question moot, not by seeking authorization but by redefining the conflict as over.

The problem is that U.S. naval operations around the Strait of Hormuz have not stopped. The U.S. has imposed a blockade on Iranian oil tankers and commercial ships. Iran is threatening to attack vessels that transit the strait without coordination and has imposed tolls on some ships. About 20 percent of the world's energy needs travel through that waterway. Trump himself said Friday that he was not "satisfied" with recent Iranian proposals and that Iran was "asking for things I can't agree to."

That does not sound like a war that has "terminated." It sounds like a standoff with live ammunition nearby.

Trump's constitutional challenge

The president did not stop at the ceasefire argument. Asked whether he would seek approval from lawmakers, Trump pushed back on the premise entirely. His words were blunt:

"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. 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?"

Who "they" refers to in Trump's comment is unclear. But the underlying argument, that the War Powers Resolution unconstitutionally constrains the president's authority as commander-in-chief, is not new. Presidents of both parties have bristled at the statute since Richard Nixon vetoed it in 1973. Congress overrode that veto, and the law has stood ever since, though no president has formally conceded its constitutionality.

Trump is right that prior administrations have sidestepped the law rather than complied with it. The Obama administration famously argued in 2011 that its Libya campaign did not constitute "hostilities" under the statute, a claim that drew bipartisan skepticism at the time. The pattern is long-standing: presidents treat the War Powers Resolution as advisory, Congress grumbles, and the courts stay out of it.

But there is a difference between ignoring a law and calling it unconstitutional on camera. Trump's comments Friday moved the argument from quiet noncompliance to open defiance. That raises a broader question about how far executive power can stretch before the judiciary or the legislature draws a firm line.

Congress folds, again

If the administration's legal theory is aggressive, Congress's response has been passive to the point of abdication. Senate Democrats tried six times to pass a war powers resolution to halt U.S. military operations against Iran without congressional approval. The most recent vote, on Thursday, failed 47 to 50.

Two Republican senators, Susan Collins of Maine and Rand Paul of Kentucky, crossed the aisle to vote for the resolution. Collins, in remarks reported by the Washington Times, did not mince words about the legal stakes:

"That deadline is not a suggestion; it is a requirement."

Collins also warned, as Breitbart reported, that "the president's authority as commander-in-chief is not without limits." Those are not the words of a partisan critic. Collins is a senior Republican who has backed Trump on most defense matters.

Sen. John Curtis, a Utah Republican, voted against the resolution but still expressed concern. In a statement posted to X on Thursday, Curtis said the 60-day mark "requires decisionmaking from both the administration and Congress," adding that the two branches should work "in league with one another, not in conflict."

Senate Majority Leader John Thune, meanwhile, said he has no plans to authorize the use of force in Iran or otherwise intervene. Just The News reported that the deadline passed without Congress taking any binding action, no authorization, no prohibition, no formal challenge.

House Speaker Mike Johnson appeared to side with the White House. In comments to NBC News on Thursday, Johnson said he did not believe active hostilities were underway:

"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. 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."

That is a politically understandable position. It is also a concession that Congress will not assert its constitutional prerogative while negotiations are ongoing, which could be weeks, months, or indefinitely.

The Kaine objection and the legal question ahead

Sen. Tim Kaine, the Virginia Democrat who has been Congress's most persistent voice on war powers, directly challenged Hegseth's ceasefire theory during Thursday's Armed Services Committee hearing. Kaine told Hegseth he did not believe the statute supported the administration's reading:

"I do not believe the statute would support that. I think the 60 days runs maybe tomorrow, and it's going to pose a really important legal question for the administration there."

The Washington Times reported that Kaine went further, saying Hegseth had "advanced a very novel argument that I've never heard before" and one that "certainly has no legal support." Whether Kaine's reading is correct or the administration's theory holds up, the fact remains that no court has ruled on the question, and none is likely to, given the judiciary's long reluctance to wade into war powers disputes between the political branches.

That reluctance has consequences. It means the practical limit on presidential war-making is not the statute. It is Congress's willingness to use the tools it already has, the power of the purse, the confirmation process, the bully pulpit. On all three fronts, the current Congress has chosen deference.

The broader pattern is worth watching. The question of how much unilateral authority any president can exercise, over military operations, trade policy, immigration enforcement, or protected legal status for foreign nationals, is the defining constitutional tension of this era. Courts have begun to weigh in on some of those questions, and the composition of the Supreme Court could shape how those rulings land for a generation.

A stalemate on the water and on the Hill

On the ground, or rather, on the water, the situation remains tense. Attacks between U.S. and Iranian forces have largely paused since the April ceasefire. But the U.S. blockade continues. Iran continues to threaten ships in the Strait of Hormuz. Trump said Friday that Iran wants to make a deal but that he is not satisfied with what Tehran has offered.

"They want to make a deal, but I'm not satisfied with it. They're asking for things I can't agree to."

The U.S. has demanded that Iran give up its uranium enrichment program and hand over its stockpile of highly enriched uranium, material that could be used to build a nuclear weapon. Iran claims it does not seek a nuclear weapon but has not agreed to end the program. That gap has defined the standoff for years, and nothing about the current ceasefire has closed it.

Newsmax reported that Trump sent a War Powers letter to Congress stating that hostilities have ended, that the April 7 ceasefire remains in place, and that there has been "no exchange of fire" since. But the same letter acknowledged that the threat from Iran remains "significant" and that U.S. forces are still conducting "select and ongoing operations" while adjusting troop posture.

A war that has "terminated" but still involves select and ongoing operations, a naval blockade, and a president who says the other side's proposals are unacceptable, that is a contradiction the administration has not resolved. And Congress, by declining to vote, has chosen not to resolve it either.

The real failure

Conservatives who care about constitutional order should be clear-eyed here. The War Powers Resolution may be an imperfect law. Presidents have legitimate arguments about its scope. But the principle behind it, that a republic does not wage open-ended military campaigns without the consent of the people's elected representatives, is not a technicality. It is the architecture of self-government.

Trump's position that no prior president has fully complied with the statute is factually defensible. His conclusion, that his administration should therefore be no different, is politically convenient but constitutionally lazy. And Congress's decision to let the deadline pass without a vote is worse. It is an institution voluntarily surrendering the one power the Founders gave it precisely to check the executive in matters of war.

The question of how courts handle challenges to executive authority will keep coming, across policy areas from immigration to trade to national security. But courts cannot save a legislature that will not act.

A law that no president obeys and no Congress enforces is not unconstitutional. It is irrelevant. And that should worry everyone, left, right, and center, who believes the people's representatives ought to have a say before their sons and daughters are sent into harm's way.

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