On June 23, 2026, the Senate voted 50 to 48 to adopt a resolution that the House had passed three weeks earlier by a vote of 215 to 208.i The resolution said plainly that “Congress directs the President to remove United States Armed Forces from hostilities against the Islamic Republic of Iran,” unless Congress declared war or specifically authorized the fighting.ii
Opponents predicted the resolution would make no difference, and they were right. Before the vote, the White House budget office told senators that resolutions like this one “lack the force of law.”iii Sen. Jim Risch of Idaho, the Republican chairman of the Senate Foreign Relations Committee, asked his colleagues to vote no and told them, “The President isn’t going to pay any attention to it.”iv Three days later, after Iran attacked commercial ships near the Strait of Hormuz, the United States struck Iran again, and on July 7 it began a major new air campaign.v
Much of the public debate has focused on whether President Trump went beyond his legal authority. The answer to that question does not explain why so many expected a vote by both chambers of Congress to be ignored. The Constitution’s war language has not changed since 1787, yet Congress has not declared war since June 5, 1942.vi This edition of Wednesday Insight looks at how the decision to go to war shifted toward the president without any change to the Constitution.
What the Constitution Says
Article I gives Congress the power “to declare war,” and Article II makes the president commander in chief. The first draft of the Constitution gave Congress the power to “make” war, and the framers changed that word to “declare.” James Madison explained that the change left the president free to “repel sudden attacks.”vii
Congress has issued 11 formal declarations of war, covering five wars from the War of 1812 through World War II.viii The last three, against Bulgaria, Hungary and Rumania, passed without a single vote in opposition and were signed on June 5, 1942.ix
A declaration of war is not the only way Congress can approve military action. Since World War II, Congress has mainly used laws known as authorizations for the use of military force.x Like a declaration, an authorization must pass both chambers and be signed by the president.xi
Paying for the military, receiving reports, being consulted or passing a resolution that never becomes law is not the same as approving a war. The War Powers Resolution itself says that approval for combat cannot be assumed from any law, including a spending bill, unless that law specifically authorizes it.xii
How the Shift Happened
The shift began in June 1950. When North Korea invaded South Korea, President Harry Truman sent American forces under a United Nations resolution and did not ask Congress to declare war. According to the Truman Library, “By avoiding a declared war, Truman set a precedent that other presidents have followed.”xiii
In August 1964, Congress took a different path and gave the president very broad power. After reported attacks on American destroyers, the House voted 414 to 0 and the Senate 88 to 2 for the Gulf of Tonkin Resolution, which approved “all necessary measures” to repel attacks and prevent further aggression.xiv By 1968, Sen. J. William Fulbright, who had led the resolution through the Senate, said, “I feel a very deep moral responsibility to the Senate and the country for having misled them.”xv Congress repealed the resolution in January 1971 but continued funding the war until American troops left in March 1973.xvi
Congress tried to take back control in November 1973. It overrode President Richard Nixon’s veto, by votes of 284 to 135 in the House and 75 to 18 in the Senate, and passed the War Powers Resolution.xvii The law requires the president to consult with Congress “in every possible instance” and to report within 48 hours after sending troops into combat.xviii Unless Congress declares war or authorizes the action, the president must end the operation within 60 days of submitting the report, or when the report was due, whichever comes first.xix The president can take up to 30 more days, but only by certifying in writing that the time is needed to bring the troops home safely.xx The law sets a deadline for ending combat that Congress has not approved. It does not authorize a president to fight for 60 or 90 days.
Within ten years, the law’s main enforcement tool was in doubt. It let Congress order troops home through a concurrent resolution, which passes both chambers but never goes to the president for a signature. In 1983, the Supreme Court ruled in INS v. Chadha that a similar provision in a different law was unconstitutional. The Congressional Research Service has said that this ruling makes the war powers provision “constitutionally suspect.”xxi Congress responded by creating faster procedures for joint resolutions, which do go to the president and can be vetoed.xxii As a practical matter, Congress now needs a two-thirds vote in both chambers to end a war the president wants to continue.
In 2011, the military campaign in Libya stretched the law further. The Obama administration argued that American involvement did not count as “hostilities” under the law, because there were no ground troops, no sustained fighting and little risk of American casualties.xxiii On June 24, 2011, the House voted 123 to 295 against authorizing the mission. About an hour later, it voted 180 to 238 against limiting the money for it, so the mission went on without either approval or limits.xxiv
Why the Pattern Continues
None of these events changed the Constitution, but they changed what presidents and Congress came to expect. The record points to three reasons the pattern has lasted.
The first reason is that presidents build on what earlier presidents did. For decades, Justice Department lawyers have judged a new military operation by asking whether its “nature, scope, and duration” were large enough to amount to a war that only Congress could declare.xxv Each operation that proceeds without congressional authorization becomes the measuring stick for the next. Presidents have also been careful in how they report. Of the 168 reports presidents submitted under the War Powers Resolution from 1975 through March 2017, only one cited the section that starts the 60-day clock, and that operation was already over.xxvi
The second reason involves the hard choices members of Congress face. Voting to authorize a war means sharing responsibility for how it turns out. Voting to end a war can be described by opponents as abandoning the troops. We cannot know why each member voted as he or she did, but Congress has often avoided both choices, as it did on Libya. Even when Congress does approve a war, the executive branch has treated that approval as unnecessary. After Congress passed the 2001 authorization almost unanimously, the Justice Department still maintained that the president already had the power to respond on his own.xxvii
The third reason is that the rules are hard to enforce. Federal courts threw out lawsuits by members of Congress over El Salvador in the 1980s and Kosovo in 1999, ruling that Congress should settle the matter itself or that the members had no right to sue.xxviii When Congress does pass a binding measure, the president can veto it. In 2020, both chambers passed a joint resolution directing an end to unauthorized military action against Iran. President Trump vetoed it, and the Senate fell short of overriding the veto, 49 to 44.xxix
Congress has sometimes pushed back. In December 2025, it repealed the 1991 and 2002 Iraq war authorizations, which Sen. Tim Kaine called “the first repeal of an authorization in more than 50 years.”xxx That repeal, however, did not settle how much power a president has to act on his own.
The Case for Presidential Authority
Supporters of the president’s position also point to the Constitution. The framers expected the president to respond to sudden attacks, and Congress cannot hold a debate while missiles are on the way. In June, the administration told the Senate that the president needs “the flexibility to take action necessary to disrupt attack preparations that threaten U.S. forces or interests.” It warned that the resolution’s narrow exception for self-defense would put American forces at risk.xxxi
That argument holds up well when a president responds to an attack or orders a brief, limited strike. It is much harder to defend for a war that has now gone on for almost eight months.xxxii Justice Department lawyers under both President Obama and President Trump concluded that Congress’s power to declare war limits the president, “at least in the case of a full-scale war with another country.”xxxiii The administration’s own reports also acknowledged that hostilities began on February 28, which Tess Bridgeman, a former National Security Council lawyer, called “a concession presidents of both parties have historically avoided.”xxxiv
The Iran Deadlines
President Trump notified Congress of the military action on March 2, which set May 1 as the 60-day deadline.xxxv On May 1, he wrote to congressional leaders that “the hostilities that began on February 28, 2026, have terminated” because of the April 7 ceasefire. He added that he would continue to direct the armed forces under his “constitutional authority” as commander in chief.xxxvi He sent that letter 18 days after announcing a naval blockade of all shipping to and from Iranian ports.xxxvii Speaking to reporters about the 60-day limit, he said, “Every other president considered it totally unconstitutional, and we agree with that.”xxxviii
After fighting resumed on July 7, the president sent Congress a new letter on July 10, which the administration treated as the start of a second 60-day period.xxxix Critics in Congress argued that the first period had never ended, because the blockade continued even when the major fighting stopped.xl The second period ran out in September, and Congress still had not authorized the war.
Congress has voted on the war many times. By mid-September, the House had passed three of six resolutions to bring the troops home, and the Senate had voted on 11 joint resolutions.xli The one binding Senate measure that cleared committee, in May, never reached a final vote.xlii The House passed another resolution on September 15, with seven Republicans voting yes, and the Senate rejected a similar House measure, 49 to 50, on September 24.xliiixliv Sen. Thom Tillis of North Carolina voted yes for the first time, explaining that he had given the administration 60 days from July 10. “I arbitrarily use that date,” he said.xlv The only bill to authorize the war, introduced on May 7, has never left committee.xlvi
The Human and Financial Cost
As of September 15, 18 American service members had been killed and 824 had been wounded.xlvii Three of those killed died after an Iranian missile and drone attack on Muwaffaq Salti Air Base in Jordan on July 17. They were Pvt. Isabella Gonzales, 19, of Carrollton, Texas; 1st Lt. Tyler James Feehan, 25, of Ewa Beach, Hawaii; and Sgt. Angel S. Rampersad, 28, of Ozone Park, New York.xlviii By the April ceasefire, 3,636 Iranians had been killed, including 1,701 civilians, according to figures cited by the Congressional Research Service.xlix
The Congressional Budget Office estimates the war cost $38.1 billion through August 1 and now runs $2 billion to $3 billion a month.l Congress has not approved the administration’s $67.1 billion funding request, so the Pentagon has been paying for the war out of its existing budget.li Iran says indirect ceasefire talks are continuing, but no agreement has been reached.lii
Whether this war is wise is a different question from who decided to fight it. When Congress votes to authorize or end a war, the families of service members, civilians in harm’s way, and taxpayers can see who made the choice and on what terms. Without that vote, the decision belongs to the president alone, and Congress is left with objections that the executive branch says have no legal effect.
In June 1942, it took Congress three days to receive President Roosevelt’s request and declare war on three countries by recorded vote.liii In June 2026, both chambers agreed that American forces should leave Iran, but they did so in a form that even the resolution’s opponents predicted the president would ignore. Congress still holds the power to declare war, just as the framers intended. Over the past 84 years, however, presidents and Congress have both come to expect that the president will decide first. Each deadline that passes without consequences makes it easier to ignore the next one.
Each week, our Wednesday Insight delivers research and insights by getting underneath American politics to look at it from a completely different angle. We dive into historical data to uncover hidden trends and step back to observe the predictable patterns of wrongness that everyone else accepts as normal. Instead of looking for villains or assuming malicious intent, we act as investigators who ask the quiet questions and follow the evidence to understand exactly how the machinery of our political system actually operates.
References
1 Congress.gov, “Actions: H.Con.Res.86, 119th Congress,” House Roll No. 199 (June 3, 2026) and Senate Record Vote No. 184 (June 23, 2026). https://www.congress.gov/bill/119th-congress/house-concurrent-resolution/86/all-actions
2 U.S. Government Publishing Office, “H. Con. Res. 86, Enrolled,” agreed to June 23, 2026. https://www.govinfo.gov/content/pkg/BILLS-119hconres86enr/html/BILLS-119hconres86enr.htm
3 Office of Management and Budget, “Statement of Administration Policy: H. Con. Res. 86,” June 23, 2026. https://www.whitehouse.gov/wp-content/uploads/2026/06/SAP-Senate-HCR86.pdf
4 Congressional Record, Senate, June 23, 2026, pages S3039 to S3040 (remarks of Sen. James Risch). https://www.govinfo.gov/content/pkg/CREC-2026-06-23/pdf/CREC-2026-06-23-pt1-PgS3039-7.pdf
5 Congressional Research Service, “U.S. Conflict with Iran,” R48887, updated September 18, 2026. https://www.congress.gov/crs-product/R48887
6 Jennifer K. Elsea and Matthew C. Weed, Congressional Research Service, “Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications,” RL31133, April 18, 2014. https://www.congress.gov/crs-product/RL31133
7 Congress.gov, Constitution Annotated, “Overview of Declare War Clause,” Article I, Section 8, Clause 11. https://constitution.congress.gov/browse/essay/artI-S8-C11-2-1/ALDE_00000110/
8 Jennifer K. Elsea and Matthew C. Weed, Congressional Research Service, “Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications,” RL31133, April 18, 2014. https://www.congress.gov/crs-product/RL31133
9 Jennifer K. Elsea and Matthew C. Weed, Congressional Research Service, “Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications,” RL31133, April 18, 2014. https://www.congress.gov/crs-product/RL31133
10 Congress.gov, Constitution Annotated, “Overview of Declare War Clause,” Article I, Section 8, Clause 11. https://constitution.congress.gov/browse/essay/artI-S8-C11-2-1/ALDE_00000110/
11 Jennifer K. Elsea and Matthew C. Weed, Congressional Research Service, “Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications,” RL31133, April 18, 2014. https://www.congress.gov/crs-product/RL31133
12 50 U.S. Code § 1547(a), “Interpretation of joint resolution: Inferences from any law or treaty,” Legal Information Institute, Cornell Law School. https://www.law.cornell.edu/uscode/text/50/1547
13 Harry S. Truman Library and Museum, “The United Nations in Korea.” https://www.trumanlibrary.gov/education/presidential-inquiries/united-nations-korea
14 Jennifer K. Elsea and Matthew C. Weed, Congressional Research Service, “Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications,” RL31133, April 18, 2014. https://www.congress.gov/crs-product/RL31133
15 U.S. Senate Historical Office, “Chairman J. William Fulbright and the 1964 Tonkin Gulf Resolution.” https://www.senate.gov/artandhistory/senate-stories/chairman-fulbright-and-the-tonkin-gulf-resolution.htm
16 U.S. Senate Historical Office, “Chairman J. William Fulbright and the 1964 Tonkin Gulf Resolution.” https://www.senate.gov/artandhistory/senate-stories/chairman-fulbright-and-the-tonkin-gulf-resolution.htm
17 Congress.gov, “H.J.Res.542, 93rd Congress: War Powers Resolution,” all actions, November 7, 1973. https://www.congress.gov/bill/93rd-congress/house-joint-resolution/542/all-info
18 Matthew C. Weed, Congressional Research Service, “Understanding the War Powers Resolution,” IF13134, December 17, 2025 (Sections 3 and 4). https://www.congress.gov/crs-product/IF13134
19 50 U.S. Code § 1544(b), “Termination of use of United States Armed Forces; exceptions; extension period,” Legal Information Institute, Cornell Law School. https://www.law.cornell.edu/uscode/text/50/1544
20 50 U.S. Code § 1544(b), “Termination of use of United States Armed Forces; exceptions; extension period,” Legal Information Institute, Cornell Law School. https://www.law.cornell.edu/uscode/text/50/1544
21 Matthew C. Weed, Congressional Research Service, “The War Powers Resolution: Concepts and Practice,” R42699, March 8, 2019. https://www.congress.gov/crs-product/R42699
22 Matthew C. Weed, Congressional Research Service, “The War Powers Resolution: Concepts and Practice,” R42699, March 8, 2019. https://www.congress.gov/crs-product/R42699
23 Matthew C. Weed, Congressional Research Service, “The War Powers Resolution: Concepts and Practice,” R42699, March 8, 2019. https://www.congress.gov/crs-product/R42699
24 Jonathan Allen and Seung Min Kim, “Libya votes show House divided,” Politico, June 24, 2011. https://www.politico.com/story/2011/06/libya-votes-show-house-divided-057711
25 Steve P. Mulligan, Congressional Research Service, “The Declare War Clause, Part 8: Vietnam War Through 21st-Century Conflicts,” LSB11237, September 30, 2024. https://www.congress.gov/crs-product/LSB11237
26 Matthew C. Weed, Congressional Research Service, “The War Powers Resolution: Concepts and Practice,” R42699, March 8, 2019. https://www.congress.gov/crs-product/R42699
27 Steve P. Mulligan, Congressional Research Service, “The Declare War Clause, Part 8: Vietnam War Through 21st-Century Conflicts,” LSB11237, September 30, 2024. https://www.congress.gov/crs-product/LSB11237
28 Matthew C. Weed, Congressional Research Service, “The War Powers Resolution: Concepts and Practice,” R42699, March 8, 2019. https://www.congress.gov/crs-product/R42699
29 U.S. Senate, “Vetoes by President Donald J. Trump,” S.J.Res. 68 (vetoed May 6, 2020; veto sustained May 7, 2020, Record Vote No. 84). https://www.senate.gov/legislative/vetoes/TrumpDJ.htm
30 Office of Sen. Todd Young, “Young, Kaine Applaud Bill to Formally End Iraq Wars Becoming Law,” December 19, 2025. https://www.young.senate.gov/newsroom/press-releases/young-kaine-applaud-bill-to-formally-end-iraq-wars-becoming-law/
31 Office of Management and Budget, “Statement of Administration Policy: H. Con. Res. 86,” June 23, 2026. https://www.whitehouse.gov/wp-content/uploads/2026/06/SAP-Senate-HCR86.pdf
32 CBS News, “Iran says indirect talks with U.S. on ceasefire proposal continue,” live updates, October 21, 2026. https://www.cbsnews.com/live-updates/iran-war-trump-us-ceasefire-talks-ongoing/
33 Steve P. Mulligan, Congressional Research Service, “The Declare War Clause, Part 8: Vietnam War Through 21st-Century Conflicts,” LSB11237, September 30, 2024. https://www.congress.gov/crs-product/LSB11237
34 Brookings Institution, “The Iran War and the War Powers Resolution,” Congressional Study Group on Foreign Relations and National Security, Session 50, July 14, 2026. https://www.brookings.edu/articles/the-iran-war-and-the-war-powers-resolution/
35 Lawfare, “Law and the Iran War, After the First 60 Days,” May 2026. https://www.lawfaremedia.org/article/law-and-the-iran-war–after-the-first-60-days
36 CQ Roll Call, “Hostilities with Iran ‘terminated,’ Trump says in War Powers letter,” May 1, 2026. https://rollcall.com/2026/05/01/hostilities-with-iran-terminated-trump-says-in-war-powers-letter/
37 Congressional Research Service, “U.S. Conflict with Iran,” R48887, updated September 18, 2026. https://www.congress.gov/crs-product/R48887
38 Associated Press via PBS NewsHour, “Trump says deadline for Congress to approve Iran war doesn’t apply, claiming hostilities have terminated,” May 1, 2026. https://www.pbs.org/newshour/politics/trump-says-deadline-for-congress-to-approve-iran-war-doesnt-apply-claiming-hostilities-have-terminated
39 Connor O’Brien, Leo Shane III and Mark Satter, “Trump notifies Congress of new war against Iran,” Politico, July 13, 2026. https://www.politico.com/news/2026/07/13/trump-notifies-congress-of-new-war-against-iran-00995170
40 Connor O’Brien, Leo Shane III and Mark Satter, “Trump notifies Congress of new war against Iran,” Politico, July 13, 2026. https://www.politico.com/news/2026/07/13/trump-notifies-congress-of-new-war-against-iran-00995170
41 Congressional Research Service, “U.S. Conflict with Iran,” R48887, updated September 18, 2026. https://www.congress.gov/crs-product/R48887
42 Congress.gov, “Actions: S.J.Res.185, 119th Congress,” Senate Record Vote Nos. 129 (May 19, 2026) and 192 (June 24, 2026). https://www.congress.gov/bill/119th-congress/senate-joint-resolution/185/all-actions
43 Office of the Clerk, U.S. House of Representatives, “Roll Call 307: H.Con.Res. 93,” September 15, 2026. https://clerk.house.gov/Votes/2026307
44 CBS News, “Iran war powers measure falls short in Senate, despite new GOP support,” September 24, 2026. https://www.cbsnews.com/news/senate-iran-war-powers-resolution-vote/
45 ABC News, “Senate again fails to adopt Iran War Powers Resolution,” September 24, 2026. https://abcnews.com/Politics/senate-fails-adopt-iran-war-powers-resolution-despite/story?id=136722629
46 Congress.gov, “Actions: H.J.Res.176, 2026 Authorization for Use of Military Force Against Iran,” introduced May 7, 2026. https://www.congress.gov/bill/119th-congress/house-joint-resolution/176/all-actions
47 Congressional Research Service, “U.S. Conflict with Iran,” R48887, updated September 18, 2026. https://www.congress.gov/crs-product/R48887
48 Military Times, “Pentagon identifies third American soldier killed in Iranian attack in Jordan,” July 21, 2026. https://www.militarytimes.com/news/your-military/2026/07/21/pentagon-identifies-third-american-soldier-killed-in-iranian-attack-in-jordan/
49 Congressional Research Service, “U.S. Conflict with Iran,” R48887, updated September 18, 2026. https://www.congress.gov/crs-product/R48887
50 Politico, “Iran war has cost taxpayers $38B, and counting,” September 15, 2026. https://www.politico.com/news/2026/09/15/iran-war-cbo-01077533
51 The Center Square via Yahoo News, “Congress never funded the Iran war. The Pentagon is paying anyway,” September 2026. https://www.yahoo.com/news/politics/articles/congress-never-funded-iran-war-224600283.html
52 CBS News, “Iran says indirect talks with U.S. on ceasefire proposal continue,” live updates, October 21, 2026. https://www.cbsnews.com/live-updates/iran-war-trump-us-ceasefire-talks-ongoing/
53 Jennifer K. Elsea and Matthew C. Weed, Congressional Research Service, “Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications,” RL31133, April 18, 2014. https://www.congress.gov/crs-product/RL31133