Cato Scholars Comment on War Powers Resolution Passage

“The House passage of H.Con.Res 38 today sends a strong signal to the White House. The war in Iran is deeply unpopular, having driven up energy prices, depleted U.S. weapons stockpiles, and racked up an estimated $25–$50 billion price tag in just 95 days. The defections of four House Republicans further underscore that the war is the antithesis of the America First foreign policy the president campaigned on, which promised no “foolish, endless wars” and resonated broadly across the political spectrum.

Unfortunately, the measure is unlikely to force the president to bring forces home or seek congressional authorization. The War Powers Resolution effectively requires a veto-proof majority to compel action, and a concurrent resolution — the vehicle used here — is likely to be challenged as an unconstitutional legislative veto. The political statement is powerful, but Congress lacks the proper tools to make it stick. The Iran War has made this painfully clear, and it should prompt Congress to consider repealing and replacing the War Powers Resolution with something functionally stronger.”

“Congress has spent decades ceding war-making authority to the president and then complaining about executive overreach. Today’s vote in the House was a small but real step toward something better: owning the decision.”