House Speaker Mike Johnson (R-La.) argued Tuesday that federal law requiring a president to seek congressional approval before committing the U.S. to foreign conflict is unconstitutional.
Trump bombed three Iranian nuclear facilities over the weekend, putting United States squarely into an escalating Middle East conflict.
Several critics, both Democrats and Republicans, called the move unconstitutional since Trump acted without approval from Congress.
The War Powers Act enacted in 1973 sought to limit a president’s ability to engage U.S. forces in military conflicts without congressional approval. It requires the president to consult with Congress before deploying troops and mandates that military actions must be reported within 48 hours, with a withdrawal deadline of 60 days unless Congress grants an extension.
Johnson told reporters on Tuesday that law is unconstitutional as he defended the airstrikes.
“Obviously, in the modern era with the 24-hour news cycle and social media, nothing goes by unnoticed. This might have made some sense in 1973, but I’m not even sure it was constitutional,” Johnson said.
“Many respected constitutional experts argue that the War Powers Act is itself unconstitutional,” he added. “I’m persuaded by that argument. They think it’s a violation of the Article II powers of the Commander-in-Chief. I think that’s right. If you look back at the Founders’ intent, you read the Federalist Papers, you read the records of the Constitutional Convention, I think that is right.”
