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Since the U.S. attacked Iran last weekend, a renewed debate has taken control of the attention on Capitol Hill: Was President Donald Trump acting within his jurisdiction to order the strikes without congressional approval?
Under the War Powers Act, the president is required to notify Congress within 48 hours of launching a military attack and U.S. forces can only stay in the area for 60 days, with an additional 30 days to withdraw. That time period can be extended through congressional approval.
The law also stipulates that Trump can only send armed forces abroad if he has “statutory authorization” from Congress or if there is a “national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
So, were Trump’s strikes constitutional? Depends on who you ask.
Democrats are accusing the president of unconstitutionally launching the attack because he didn’t request authorization from Congress. As a result, Democrats in both the House and Senate this week forced votes on resolutions that would rein in Trump’s military authority and withdraw troops unless specifically approved by Congress.
Those both failed — which didn’t come as a big surprise.
That’s because Republicans largely support Trump, saying he acted within his bounds and administration officials notified top congressional leaders in both parties the morning of the strikes.
“Following our Senate briefing, I believe that President Trump acted within his constitutional authority to eliminate an imminent threat,” Sen. Mike Lee told me in a statement. “The president has properly notified Congress, and it would be unwise to tie his hands as he seeks to bring this conflict to a swift conclusion. I hope all Americans will come together to pray for peace and the safety of the courageous men and women of our Armed Forces.”
So, Republicans are ruling out the notion that Trump needed their support beforehand. But it gets a little trickier when it comes to that 60-90-day window.
Party leaders seem to believe Trump still wouldn’t need authorization — assuming he doesn’t send U.S. troops into the country on the ground, which he hasn’t ruled out doing.
“No, I think the president has the authority that he needs to conduct the activities, the operations that are currently underway there,” Senate Majority Leader John Thune, R-S.D., said earlier this week.
I also asked House Speaker Mike Johnson, R-La., what he thought about needing to pull in Congress if the conflict lasts that long: “That’s certainly not been the tradition around here, but we’ll see how things develop,” he told me heading into a closed-door meeting this week.
Sen. John Curtis told me that while he wishes Congress could have weighed in before the Iran strikes, he doesn’t think it’s the right move to withdraw U.S. troops now. That could be even more dangerous, he said.
But when I asked him if he thinks a vote would be necessary if the conflict goes beyond the 60-90 days, he told me: “I think the War Powers Resolution is pretty clear, 60 days and then can be extended to 90 so that’s my interpretation.”
Lee’s office didn’t directly respond to my question about that time period and whether Congress will need to act at some point. Instead, they just pointed me back to the senator’s earlier statement up above.
Stories driving the week
- Retirement watch: Rep. Burgess Owens will not run for reelection and will retire at the end of his third term, the Utah Republican announced in a statement on Wednesday.
- Musical chairs: After Owens’ retirement announcement, Utah Reps. Celeste Maloy and Mike Kennedy are set to make their reelection bids official this week, running for the new 3rd District and 4th District, respectively, under the state’s newly established congressional map. We reported those plans first after speaking with the lawmakers on Capitol Hill.
- You’re fired: President Donald Trump announced he will replace Kristi Noem as secretary of the Department of Homeland Security, nominating Sen. Markwayne Mullin of Oklahoma to take her place.
Owens’ retirement opens floodgates in Utah elections
Utahns have been waiting months to see what the election playing field would be like for this year’s upcoming midterm elections. After the congressional map got thrown out last year and new districts were drawn, it launched a monthslong game of musical chairs for the current GOP delegation.
The state of play: There were four GOP incumbents being squeezed into three districts. And they kept their plans close to their chests until they were absolutely positive what the boundaries would be.
And then came the bombshell news! Rep. Burgess Owens announced Wednesday night he would be stepping aside and wouldn’t run for another term. That opened the door for Reps. Celeste Maloy and Mike Kennedy to avoid a member-on-member primary, and it’s solidified the map for where incumbents will run.
Now comes the fun part.
Shortly after the Owens news was out and Maloy and Kennedy made their reelection plans known, a flurry of Republican challengers started to emerge.
One of the biggest: Phil Lyman will challenge Maloy for the Republican nomination in Utah’s new 3rd District — which could get interesting. Lyman became a more well-known name among Republican circles after challenging Gov. Spencer Cox in 2024.
There are a handful of other Republicans who have already announced their intent to run as primary challengers, and we could see more before the filing deadline next week.
Quick hits
From the Hill: GOP leaders push Texas Republican who had affair with staffer to end reelection bid. … DHS shutdown drags on as talks between White House and Democrats fall apart. … Lawmakers subpoena Attorney General Pam Bondi over missing Epstein files.
From the White House: Assessing the debate over how Trump shared the news about Iran. … Trump lays out administration’s justification for Iran strikes. … Minnesota continues to face turmoil as Vice President JD Vance launches ‘war on fraud.’
From the courts: The coordinated push to end medical transition for minors. … Supreme Court hears challenge to law that bans gun owners from using marijuana. … Chloe Cole was 13 when doctors began her medical transition. Now she’s suing them.
What’s next
The House will be out on recess next week as Republicans head to Doral, Florida, for their annual issues conference. I’ll be there to bring updates on GOP strategy heading into the midterm elections. The Senate will be back Monday.
As always, feel free to reach out to me by email with story ideas or questions you have for lawmakers. And follow me on X for breaking news and timely developments from the Hill.