"The War Powers Act is unconstitutional, 100%. Now, this is not the position of me, not the position of the President of the United States now. This is the position of EVERY SINGLE president that has occupied this position since the day that law passed."

X.com ^ | May 5, 2026 | Nick Sortor @nicksortor

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Nick Sortor

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BOMBSHELL: Secretary Rubio just stated that he believes the War Powers Act, which Democrats keep trying to invoke to stop President Trump's Iran operations, is UNCONSTITUTIONAL

"The War Powers Act is unconstitutional, 100%. Now, this is not the position of me, not the position of the President of the United States now.

This is the position of EVERY SINGLE president that has occupied this position since the day that law passed.

It's completely unconstitutional. Now, we comply with it in terms of notification because we want to preserve good relations with Congress, right? And we do that, but even as a Senator, I would say that the War Powers Act is 100% unconstitutional."

 

 May 5, 2026

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TOPICS: Miscellaneous
KEYWORDS: unconstitutional; warpowersact

[kawhill]

“The last time the United States formally declared war, using specific terminology, on any nation was on June 4, 1942, when war was declared against Axis-aligned Hungary, Bulgaria, and Romania, because President Franklin D. Roosevelt thought it was improper to engage in hostilities against a country without a formal declaration of war. Since then, every American president has used military force without a declaration of war.[3] However, Alexander Hamilton observed in Federalist No. 25 that formal declarations of war were already falling into disuse by 1787”.

[frank ballenger]

“Congress has not formally declared war since World War II, with the last declarations issued in 1942. However, Congress has passed several Authorizations for Use of Military Force (AUMFs) and approved funding for major conflicts—such as in Vietnam, Iraq, and Afghanistan—which function as legal authorization for war without a formal declaration.”

“Major U.S. involvements in Korea, Vietnam, and the wars in Iraq and Afghanistan were conducted without a formal declaration.”
US Senate.gov website.
////////////////////////////////////////////////////////////
“The United States has formally declared war only 11 times in its history, with no formal declarations since 1942. However, U.S. presidents have ordered military forces into action without prior explicit Congressional authorization on over 125 occasions, according to historical analyses. These range from major conflicts like Korea and Vietnam to smaller engagements.”

—Wikipedia

Korea is still ongoing and is in a ceasefire.

Trump just called Iran a “mini-war” so that must make it a “smaller engagement.”

[Flaming Conservative]

Such precedence only counts if you’re A democrat or a fake Republican.

[DugwayDuke]

kawhill wrote: ““The last time the United States formally declared war, using specific terminology, on any nation was on June 4, 1942, when war was declared against Axis-aligned Hungary, Bulgaria, and Romania,...”

Please explain what “specific terminology” is required.

[DugwayDuke]

kawhill wrote: ““The last time the United States formally declared war, using specific terminology, on any nation was on June 4, 1942, when war was declared against Axis-aligned Hungary, Bulgaria, and Romania,...”

Please explain what “specific terminology” is required.

[DugwayDuke]

kawhill wrote: ““The last time the United States formally declared war, using specific terminology, on any nation was on June 4, 1942, when war was declared against Axis-aligned Hungary, Bulgaria, and Romania,...”

Please explain what “specific terminology” is required.

[rottndog]

This is just common sense. The WPA is not a Constitutional amendment...it is an act of Congress. Congress cannot legislate itself more powers over another branch of government than the Constitution itself provides. On its face it violates separation of powers.

[abigkahuna]

Yes but congress dictates the funding for a presidents adventures overseas

[rottndog]

That’s fine...but that and impeachment are the only options Congress has under the Constitution. They have exactly zero authority over the military and how POTUS chooses to use it.

[unclebankster]

Rubio is right on the War Powers Act.

It isn’t Constitutional, it was power play during the end of the Vietnam War Era by the legislative branch to take power away from the executive branch.

If Congress doesn’t like the Iran campaign, then they can stop funding it.

[ridesthemiles]

THAT IS THE CORRECT EXPLANATION

THANK YOU

[Brian Griffin]

ARTICLE I, SECTION 8:

“The Congress shall have power...To make rules for the government and the regulation of the land and naval forces”

[Brian Griffin]

“the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted)”

The report concerned Iran’s support of terrorism I believe.

The freedom of navigation of the claimed waters of the UAE and Oman may not have been mentioned and escorting civilian ships to prevent Iranian attacks on them might be a new use.

New reported problem
New use of force
New 60 days for that use

[lepton]

However, Alexander Hamilton observed in Federalist No. 25 that formal declarations of war were already falling into disuse by 1787

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There’s also the matter of what “Declaring War” means. It doesn’t mean mere fighting with another country, but announced seizing of another country or portion thereof by means of war. We’ve fought wars since at least Jefferson without declaration.

But for all the fussing about non-seizing wars not being declared, most people miss the impact that the declaration has on law and civil rights, and the elevation of penalties - and the people who oscillate about a war not being declared tend to be the ones most likely to throw a fit if it were.

If the US President determined the Cartels in Mexico were dangerous, that President could invade to fight with them with no Declaration of War. What a Declaration of War would be for is if Congress decided the US should take possession of Mexico and bring all resources into play to do so, or if Mexico was such a danger that penalties needed to be elevated to ensure the US populate was acting in one accord.

[Racketeer]

The 3 branches are always trying to nullify the others’ power! Trying to get along will get you nothing.

[sloanrb]

They do have the power of the purse.
Congress cannot order the military to do anything, but they can cut off its funding. If the military can’t pay solders or buy weapons it isn’t doing anything.