The House of Representatives passed a war powers resolution Wednesday to rein in President Donald Trump’s war with Iran, although Trump would have no binding legal obligation to comply.
The House passed the resolution in a 215 to 208 vote, with four Republican congressmen voting alongside Democrats to pass it. The House’s version is a concurrent resolution, which is used to express the sentiment of Congress or to direct certain actions under the War Powers Resolution.
Even if it passes both chambers, concurrent resolutions do not have the force of law, according to the Senate’s website. Trump would thus have no legal obligation to comply and could ignore any withdrawal directive.
If the Senate changed it to a joint resolution, it would require Trump’s signature, which would almost certainly be vetoed. Congress would then need a two-thirds majority to override the president’s veto. (RELATED: Trump’s Ploy To Blow Off Congress Over Iran War Not Playing Well With Legal Scholars)
Concurrent resolutions are generally used to make or amend rules that apply to both chambers, such as setting the time of Congress’ adjournment or setting Congress’ revenue or spending goals for the upcoming fiscal year.
A White House official told Military.com that concurrent resolutions are “unconstitutional,” making it very unlikely they would respond to it even if it were to pass the Senate.
“Concurrent resolutions are also unconstitutional,” the official said. “The War Powers Act was designed with a legislative veto, which was declared unconstitutional in 1983. President Trump will continue to protect our national security using his constitutional authority as Commander-in-Chief while being transparent with Congress.”
Under the War Powers Resolution of 1973, a president has 60 days to engage in a military conflict before Congress must either declare war or authorize the use of military force. The House’s resolution, sponsored by Democratic New York Rep. Gregory Meeks, would direct Trump to remove U.S. forces from hostilities against Iran other than those “necessary to defend the United States” or an ally from an “imminent attack” and seek approval from Congress regarding his military actions.
Trump called the vote “meaningless” in a Thursday Truth Social statement, and accused those supporting it of wanting to see the U.S. “fail.”
“Yesterday, in a meaningless vote, the House voted, 4 bad Republicans and all of the Dumocrats, to limit my War Powers, right in the middle of my final negotiations to end the War with the Islamic Republic of Iran,” Trump said. “Who would do such an unpatriotic thing. They know where the negotiations stand. The Democrats are fueled by Trump Derangement Syndrome. They would rather have our Country fail than give me another, of many, victories. The four Republicans, that’s a whole other story – They’re GRANDSTANDERS! They should be ashamed of themselves.”
Once the resolution reaches the Senate, it will be referred to the Senate Foreign Relations Committee, according to Congress.gov. If the committee sends it to the floor, it would need a simple majority of 51 votes to pass, meaning there would be no filibuster process. Even with a Republican majority, a handful of Senate Republicans joined Democrats in advancing a similar resolution that would force Trump to seek congressional approval.
The Senate’s version is a joint resolution, meaning it would need Trump’s signature. Republican Sens. Bill Cassidy of Louisiana, Rand Paul of Kentucky, Susan Collins of Maine and Lisa Murkowski of Alaska voted to advance the resolution for a final vote on May 19, while three other Republicans missed the vote. Congress would need a two-thirds majority to override Trump’s veto of the joint resolution.
Cassidy lost his primary to Republican Louisiana Rep. Julia Letlow, who received Trump’s endorsement. Collins is currently seeking reelection in November against Democratic Maine Senate candidate Graham Platner.
Trump told Congress in a May 1 letter that the Iran war had been “terminated” as the 60-day deadline under the 1973 War Powers Resolution approached. Legal experts told the Daily Caller News Foundation that a ceasefire would not reset the war powers timeline.
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