House Speaker Johnson argues the War Powers Act is unconstitutional

House Speaker Mike Johnson, R-La., argued Tuesday that the War Powers Act, a Nixon-era instrumentality limiting the president's powerfulness to unilaterally wage war, is unconstitutional, and vowed that a pending resolution to barroom U.S. subject enactment successful Iran nether that instrumentality volition not walk the House.

Johnson told reporters that President Donald Trump's determination to bid strikes connected Iranian atomic targets implicit the play was "clearly" wrong his powers nether Article II of the U.S. Constitution.

Many law scholars judge that the instrumentality known arsenic the War Powers Resolution violates Article II, Johnson said, adding, "I deliberation that's right."

The Constitution gives Congress the powerfulness to state war, which it has not done with respect to the existent struggle successful the Middle East betwixt Iran and Israel. But the legislative subdivision has not formally exercised that powerfulness since World War II.

The Constitution besides makes the president the commandant successful main of the nation's equipped forces, giving him important sway implicit the usage of the military. Previous presidents person taken subject enactment without archetypal seeking legislature approval, and some experts say neither Congress nor the courts are apt to bash overmuch to rein successful Trump successful effect to the caller strikes.

The War Powers Resolution of 1973 requires the president to notify Congress wrong 48 hours of deploying the equipped forces successful immoderate lawsuit wherever warfare has not formally been declared. Under the law, the subject usage indispensable extremity wrong 60 days unless Congress declares warfare oregon grants an extension.

Rep. Thomas Massie, R-Ky., alongside Democratic Rep. Ro Khanna of California, past week introduced a War Powers resolution that would barroom the U.S. subject from "unauthorized hostilities" successful Iran.

More than a twelve House Democrats person cosponsored the resolution, and Sen. Tim Kaine, D-Va., has enactment guardant a similar measure successful the Senate.

The solution is "privileged," which could let it to rapidly travel to a House ballot contempt Johnson's opposition.

But Massie said Monday evening that helium would not beforehand his solution if the Iran-Israel ceasefire holds, Politico reported.

Trump has lashed retired astatine Massie repeatedly implicit his absorption to the monolithic tax-and-spending measure that the president is pushing Republican lawmakers to rapidly pass. Massie was 1 of a tiny fistful of Republicans to ballot against the measure erstwhile it came to the House level past month.

On Tuesday morning, Trump successful a Truth Social post called Massie a "Third Rate Congressman" and a "LOSER."

Johnson told the property successful Tuesday's remarks that helium has asked Massie if his solution was a "moot point" successful airy of Trump's ceasefire announcement.

Massie had replied, "yeah, it astir apt is," according to Johnson.

So "we whitethorn not person to act" connected the resolution, the talker said. "I anticipation we don't, due to the fact that I deliberation it would beryllium a unspeakable look, and it volition not walk the House due to the fact that it's inappropriate and it's not a due usage of the instrumentality anyway."