Cato Scholar Comment on War Powers Resolution Vote

“The Senate’s adoption of H.Con.Res 86 — passed by the House earlier this month — is politically significant. This is the tenth time since the start of the war with Iran in February the Senate has considered such a measure to reign in presidential breach of the war power. Four Republicans broke party lines to move the measure forward. This is very clearly a response to the mounting pressure from the American people who’ve been hit in the pocketbook and at the pump as a result of the war. Moreover, this frustration continues to manifest in polling where the majority of Americans believe the war has not been worth the cost.

Operationally, however, the vote is essentially symbolic given the mechanism used. Although the War Powers Resolution still allows for a concurrent resolution to move forward procedurally, the measure is seen as carrying no weight of enforcement given the legal controversy of the “legislative veto.” This and other flaws of the War Powers Resolution — primarily the law’s lack of definitions of key terms and clarity on how the 60-day clock operates — have returned to the spotlight in the wake of the Iran war. It would, now more than ever, be prudent for Congress to consider repealing and replacing the War Powers Resolution with a more durable tool.”