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Posted on 05/06/2026 7:15:52 AM PDT by V_TWIN
Secretary of State Marco Rubio on Tuesday argued the War Powers Act is unconstitutional, adding that the Trump administration is only complying with “elements” of it to maintain good relations with Congress.
“The War Powers Act is unconstitutional, 100 percent,” Rubio told reporters during a White House briefing, claiming that his position has been shared by “every single president” that has occupied the Oval Office since the law passed in 1973.
Also known as the War Powers Resolution, the federal law requires the sitting president to seek congressional authorization for foreign conflicts. Meant to function as a check on the commander in chief’s ability to begin or escalate hostilities, the law mandates the president must notify Congress within 48 hours of deploying troops in response to an “imminent threat,” and requires American forces be withdrawn from any conflict within 60 to 90 days unless Congress declares war or authorizes the action.
President Trump ordered a start to the U.S.-Israeli war in Iran on Feb. 28 but did not formally notify Congress until March 2. As the conflict passed its 60-day mark on Friday, Trump was asked whether he would seek approval from lawmakers. He replied that “it’s never been sought before” and that the law was “totally unconstitutional.”
The administration last week argued in a letter to Congress that the clock on the War Powers Act stopped when Trump declared a 14-day ceasefire with Iran on April 7, which he has since extended indefinitely.
On Tuesday, Rubio said gestures of compliance with the law did not mean officials “acknowledge the law as constitutional.”
“Now we comply with it in terms of, like, notification because we want to preserve good relations with Congress, right? And we do that,” Rubio said.
He also stressed that it’s not only Trump’s position that the law is unconstitutional, but that it “has been the position of every single presidential administration since the day that law passed, as an infringement on the president’s constitutional powers.”
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For all the "President Trump has to stop bombing Iran because of the war powers act" people, you can all relax and stand down.
And as for the weasel that is rand paul and his sycophants....too bad, so sad. 😭
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The War Powers Act isn't constitutional.
Yup.
ARTICLE I, SECTION 8:
“The Congress shall have power...To make rules for the government and the regulation of the land and naval forces”
“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
The War Powers Act is unconstitutional just because Rubio says it is?
Rubio is correct in that every president since 1973 has seen the Act as unconstitutional. And so they have ignored the Act. That doesn’t mean much, either.
I’ve read good arguments both ways. And I hope the discussion continues here, without either side calling the other childish names.
Congress alone has the power to declare war. Yet the President has the right and duty to protect the country.
I see this as ultimately being a Supreme Court issue.
Obama ignored it and nobody said shit
That’s the truth.
That’s because the lefties are hypocrites.
> Obama ignored it… <
Exactly right. But that had little to do with the War Powers Act.
It had more to do with the media’s slobbering view of Obama as the Great Man. In their view, Obama could do no wrong.
Plus, any criticism would be “racist”.
Thank goodness those days are over.
He’s correct. 100%.
The Trump administration needs to quit complaining how the WPA is unconstitutional and just take definite action to end the war.
“And I hope the discussion continues here, without either side calling the other childish names.”
good luck with that
If Congress had the sole discretion, it would be kept in a state of paralysis until a major attack on US soil happened. It’s the equivalent of waiting to be punched before you can punch back. You might not get that option to punch back, if China or Russia punched first.
As all the Presidents have said.
> If Congress had the sole discretion… <
That’s a fair point. The Founders envisioned a Congress made up of thoughtful citizens who always put the country first. We certainly don’t have that now.
On the other hand, we can’t have presidents dragging us into a major wars all on their own. No more Vietnams, please.
That’s why, on balance, the War Powers Act makes sense to me - 60 days to neutralize an immediate threat.
As I noted elsewhere, the validity of the Act will ultimately be up to the Supreme Court.
Wow. 53 years after Nixon signed and now it’s unconstitutional?
“.To make rules for the government and the regulation of the land and naval forces””
Maybe “regulation of land and naval forces” refers to (a) how they are organized (what are the military departments), (b) how major appointments meet the requirement for Senate approval, (c) conduct of military personnel including things like the UCMJ, (d) organizations of the military schools, and similar matters, but maybe does not refer to foreign policy that may cause the POTUS to detail out some use of the military?????
While other sections of Article 1 Section 8 provide for Congressional authority to “raise armies” that does not seem to provide powers to “direct” those armies.
What the Constitution does provide to Congress regarding the military and Congress’ check on the executive in that regard, specifically in Article 1 Section 8, and generally, is the power of the purse.
> 53 years after Nixon signed… <
For what it’s worth, Nixon vetoed the War Powers Act. Then Congress overrode his veto by a 2/3 majority in each House.
As I noted in my post #16, on balance I think the War Powers Act is a good idea, and good for the country. But its constitutional validity will ultimately be up to the Supreme Court.
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