President Donald Trump has insisted he doesn’t need congressional authorisation to continue the war with Iran, arguing that past US commanders-in-chief didn’t seek such approval.
As a critical two-month deadline for the war expired on Friday, Trump said his predecessors considered Congress’ authority to limit a president’s war powers as “totally unconstitutional”.
“So many presidents, as you know, have gone and exceeded it,” Trump said when asked if he would seek congressional authorisation.
“It’s never been used. It’s never been adhered to.”
“Nobody’s ever asked for it before,” Trump added.
The reality is more complicated, however.
Trump is required by a 1973 war powers resolution to “terminate any use of United States Armed Forces” in Iran 60 days after notifying Congress of the start of the war, unless lawmakers vote to continue the conflict.
The legislation was passed to limit the ability of then-President Richard Nixon to continue waging war in Vietnam.
Friday marked the 60th day since 28 February, when the administration notified lawmakers of the strikes against Tehran.
But Trump and Defence Secretary Pete Hegseth contend that the deadline clock paused when the current ceasefire went into effect.
It has sparked a debate about whether or not the truce counts towards the 60-day deadline.
Regardless, some of Trump’s recent predecessors sought to comply with war powers authority vested in Congress.
In 1983, President Ronald Reagan received congressional approval to deploy US Marines in Lebanon inside of the 60-day notification window, ensuring the military campaign complied with the law.
President George HW Bush sought congressional authorisation for the 1991 Gulf War before launching Operation Desert Storm, even as he argued that approval from lawmakers wasn’t required.
His son, George W Bush, won approval from Congress for wars he waged in Afghanistan (2001) and Iraq (2003).
But Trump is right that other presidents skirted round the war powers law.
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