February 28, 2020
The Senate and House have both passed legislation that would bar President Trump from going to war against the Islamic Republic without the prior approval of Congress.
But Trump has said he will veto any such bill, and the votes for the action weren’t high enough to overcome a veto, so nothing is likely to change.
However, there is no indication that Trump is interested in starting a war—and offending his base, which is hotly opposed to military involvement in the Middle East.
The US Senate backed legislation February 13 to limit President Trump’s ability to wage war against Iran—but also, and surprisingly, endorsing the assassination Maj. Gen. Qassem Soleymani.
The legislation says: “Members of the United States Armed Forces and intelligence community, and all those involved in the planning of the January 2, 2020, strike on Qassem Soleymani, including President Donald J. Trump, should be commended for their efforts in a successful mission.”
The key paragraph of the legislation states: “Congress hereby directs the President to terminate the use of United States Armed Forces for hostilities against the Islamic Republic of Iran or any part of its government or military, unless explicitly authorized by a declaration of war or specific authorization for the use of military force against Iran.”
Eight Republicans joined all 47 Democrats to pass the legislation by a 55-45 vote. That is far short of the two-thirds majority required to override a veto.
The measure was sponsored by Virginia Democratic Senator Tim Kaine, who said, while Trump and other presidents “must always have the ability to defend the United States from imminent attack, the executive power to initiate war stops there.’’
In January, the Democratic-controlled House passed a separate, nonbinding war powers resolution. The House will take up the stronger Senate language soon, said House Majority Leader Steny Hoyer.
Answering a claim by some of Trump’s supporters and Trump himself that the measure would send a signal of weakness to Iran and other potential adversaries, Kaine said the opposite was true.
“When we stand up for the rule of law—in a world that hungers for more rule of law—and say ‘this decision is fundamental, and we have rules that we are going to follow so we can make a good decision,’ that’s a message of strength,’’ Kaine said.
Republican Senator Mike Lee agreed. Lee supports Trump’s foreign policy, including toward Iran, but said Congress cannot escape its constitutional responsibility to act on matters of war and peace.
The principle of congressional approval is established for an important reason, Kaine said. “If we’re to order our young men and women … to risk their lives in war, it should be on the basis of careful deliberation by the people’s elected legislature and not on the say-so of any one person,’’ Kaine added.
Trump disputed that, arguing in two tweets that a vote against Kaine’s proposal was important to national security,
“We are doing very well with Iran and this is not the time to show weakness. Americans overwhelmingly support our attack on terrorist Soleymani,’’ Trump said.
“If my hands were tied, Iran would have a field day,” he added. “Sends a very bad signal. The Democrats are only doing this as an attempt to embarrass the Republican Party. Don’t let it happen!’’
Republicans Todd Young of Indiana, Susan Collins of Maine, Mike Lee of Utah, Rand Paul of Kentucky, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana, Jerry Moran of Kansas, and Lamar Alexander of Tennessee supported the resolution.
Article I, section 8, clause 11 of the Constitution says it is the responsibility of Congress to declare war. But over the past two decades that power has largely been ceded to the White House as successive presidents have launched hundreds of military strikes around the globe without congressional signoff.
Legally, military actions have been justified using the 60-word “Authorization of Use of Military Force” (AUMF) that was passed by Congress in 2001 to respond to the 9/11 attacks, and a 2002 authorization to attack Iraq. Supporters of Kaine’s resolution argue these AUMFs are badly out of date and Congress has the responsibility to vote on authorizing military actions against Iran.
