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Trump's Iran War Continues to Violate the Constitution - and Now Also the War Powers Act of 1973
The administration is wrong to claim that the 60-day time limit in the Act is "stops" due to the ongoing ceasefire. | 5.1.2026 4:20 PM Secretary of Defense Pete Hegseth. (Kyodonews/Zuma Press/Newscom) In my March 5 Dispatch article on the Iran War and the Constitution, I explained why Donald Trump's initiation of the war without congressional authorization is unconstitutional. As of today, it is also in violation of the War Powers Act of 1973. Enacted in the wake of the Vietnam War, the WPA requires the president to secure congressional approval within 60 days of entering U.S. troops into "hostilities" or situations "where imminent involvement in hostilities is clearly indicated by the circumstances." The president can seek a 30 day extension without additional congressional authorization, but Trump has not done so in this case. The sixty day deadline expires today. Therefore, Trump is now in violation of the WPA, as well as the Constitution. Yesterday, Secretary of Defense Pete Hegseth claimed that the WPA clock "stops" because of the ongoing ceasefire with Iran, curently still (tenuously) in effect. But the WPA doesn't just apply to situations where US forces are in active combat. It also applies "where imminent involvement in
Congress presses Hegseth on Iran war justification, spending, and conduct
When President Donald Trump initiated strikes against Iran in late February, he did so without explicit backing from Congress, which holds the constitutional authority to declare war. Since then, members have argued over whether Mr. Trump illegally bypassed them.Now, even some Republicans are showing unease about the length and cost of the war, just as a deadline approaches that could test Mr. Trump’s control over military action – and whether Congress has the will to push back.Under the 1973 War Powers Resolution, the president is legally required to notify Congress within 48 hours of military action and is barred from deploying armed forces for more than 60 days without Congress’s permission. On May 1, that 60-day deadline will expire. Why We Wrote This A U.S. law from 1973 sets a 60-day limit for military operations that haven’t been approved by Congress. The Iran conflict is hitting that deadline. It’s the latest test of how Congress – and the president – view the war and their respective powers. On Wednesday, tensions between the White House and Congress came into sharp relief when Defense Secretary Pete Hegseth answered questions from the House Armed Services Committee, which pressed him on the administration’s strategy
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