Secretary of Defense Pete Hegseth. (Kyodonews/Zuma Press/Newscom) In my March 5 Dispatch article on the Iran War and the Constitution, I explained why Donald Trump's initiation of the war without congressional authorization is unconstitutional. As of today, it is also in violation of the War Powers Act of 1973. Enacted in the wake of the Vietnam War, the WPA requires the president to secure congressional approval within 60 days of entering U.S. troops into "hostilities" or situations "where imminent involvement in hostilities is clearly indicated by the circumstances." The president can seek a 30 day extension without additional congressional authorization, but Trump has not done so in this case. The sixty day deadline expires today. Therefore, Trump is now in violation of the WPA, as well as the Constitution. Yesterday, Secretary of Defense Pete Hegseth claimed that the WPA clock "stops" because of the ongoing ceasefire with Iran, curently still (tenuously) in effect. But the WPA doesn't just apply to situations where US forces are in active combat. It also applies "where imminent involvement in hostilities is clearly indicated by the circumstances." Such "imminent involvement" is indeed "clearly indicated" now. Most informed observers know the ceasefire could break down at any time. Trump himself repeatedly threatens to restart the fighting. Thus, the WPA clock is still ticking, and Trump is now in violation of that law. This violation is not as grave an issue as his violation of the Constitution. But it is significant nonetheless. Earlier in the conflict, some defenders of the administration claimed that the WPA authorized Trump to start the war without congressional approval. In my Dispatch article, I explained why this claim is false. The WPA is a limitation on executive power, not a grant: Many, particularly on social media, argue that Trump's actions are authorized by the War Powers Act of 1973. But the WPA is a limitation on presidential power, not a grant of it… The purpose of this requirement is to constrain even small-scale combat deployments that might otherwise not require congressional authorization, because they fall short of being a war. Section 2(C) of the WPA makes clear that the statute does not expand presidential war initiation authority, emphasizing that "[t]he constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant… [TheTopNews] Read More.
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