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March 1, 2026

Congress schedules war powers votes as Massie, Paul, and Davidson break with GOP on Iran strikes

ABC News Digital
Constitution Congress
Constitution Congress
Constitution Congress
National Constitution Center
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Democrats need just three Republicans — and they may have them

"When Operation Epic Fury began on February 28, 2026, Congress had not been consulted, had not voted, and had not authorized a single strike. The administration notified the Gang of Eight — the eight most senior congressional leaders — only after strikes had already begun, complying with the notification requirement of the 1973 War Powers Resolution.\n\nBut notification is not authorization. Article I of the Constitution gives Congress, not the president, the power to declare war. The United States hasn't officially declared war since World War II in 1942, yet presidents have launched military actions in Korea, Vietnam, Iraq, Afghanistan, Libya, Syria, and now Iran without congressional approval."

"The founders split these powers deliberately: they had seen how the British crown used the monarchy's unilateral war-making authority to drag the country into conflicts for royal rather than national purposes. George Washington wrote in 1793: "The Constitution vests the power of declaring war with Congress; therefore no offensive expedition of importance can be undertaken until after they have deliberated upon the subject, and authorized such a measure."\n\nJames Madison went further in 1793, calling it "the fundamental doctrine of the constitution, that the power to declare war ... is fully and exclusively vested in the legislature; that the executive has no right, in any case to decide the question, whether there is or is not cause for declaring war.""

"The Iran strikes were the largest single U.S. military operation since the 2003 Iraq invasion — and they began with no vote, no authorization, and no legal framework beyond Trump's claimed Article II authority as commander-in-chief. Trump has now launched military attacks on seven countries this term alone, in each case without a green light from Capitol Hill.\n\nThe scale and speed of the operation stunned even experienced national security officials on Capitol Hill, who described themselves as blindsided by the sudden escalation to what experts called "major combat operations" against a nation of 88 million people."

"The three Republicans who immediately broke with their party — Reps. Thomas MassieThomas Massie (R-KY) and Warren Davidson (R-OH) in the House and Sen. Rand PaulRand Paul (R-KY) in the Senate — framed their dissent in constitutional terms that had nothing to do with whether the strikes would succeed. Massie called Trump's failure to consult Congress "a slap in the face of the United States Congress."\n\nDavidson stood on the House floor before the war powers vote and said: "America is a republic, not an empire." Paul had co-sponsored Iran war powers legislation in 2020 after the Soleimani drone strike — the same legal position he held through four years of intervening Trump endorsements and MAGA alliance-building."

"They were acting from a constitutional principle that had become genuinely rare among Republicans: the belief that a president — any president — cannot start a war alone. The defection of three reliable conservatives showed how Trump's unilateral action had crossed even traditional party lines on fundamental constitutional questions.\n\n"A war is never more popular than it is on the first day," Massie said at the time. "As the true cost of this war starts to be known and starts to pile up, there'll be more support to end it." His warning proved prescient as casualties mounted and costs escalated."

"The vote tallies that followed illustrated exactly how weak the constitutional war powers mechanism had become. The Senate rejected its resolution 47-53 on March 4 — with eight Republican senators who had supported the 2020 Iran war powers resolution after the Soleimani strike reversing course in 2026.\n\nSen. John Fetterman (D-PA) switched sides to vote with Republicans, providing the decisive vote that killed the measure. His defection shocked Democratic leaders who had counted on his support for reining in presidential war powers."

"The House rejected its resolution 219-212 on March 5, with four Democrats — Reps. Jared Golden (D-ME), Henry Cuellar (D-TX), Greg Landsman (D-OH), and Juan Vargas (D-CA) — crossing to vote against it. Their defection was determinative in the resolution's failure.\n\nThe four Democrats cited concerns about abandoning Israel and argued for a 30-day wind-down period rather than immediate termination. Golden and Landsman had introduced an alternate resolution that would give Trump 30 days to end operations while still asserting congressional authority."

"Rep. Ro Khanna (D-CA), who co-sponsored the resolution with Massie, noted afterward that the exact same coalition that passed the Jeffrey Epstein file disclosure — Massie, Khanna, and a handful of cross-party votes — had come within seven House votes of forcing a constitutional reckoning on war powers.\n\nThe near-miss showed how difficult it was to build lasting coalitions for institutional reform even when individual issues gained bipartisan support. Khanna said: "Every member of Congress must go on record today" about whether presidents can unilaterally start wars."

"Even if both chambers had passed the resolutions, Trump would have vetoed them. Overriding a presidential veto requires two-thirds of both chambers — 290 House votes and 67 Senate votes, thresholds Democrats cannot reach without massive Republican defections that did not occur.\n\nThe structural advantage presidents enjoy in foreign policy makes it extremely difficult for Congress to reassert its war powers once they've been ceded, creating what experts call a "tipping point" for congressional authority."

"The 60-day clock began running on February 28 under the War Powers Resolution — meaning Trump would theoretically be required to wind down operations by late April if Congress did not authorize the conflict. No president has ever complied with that provision in the 53 years since the War Powers Resolution passed in 1973.\n\nCourts have consistently refused to enforce it, calling war powers disputes "political questions" best resolved between the elected branches. The accountability mechanism that exists on paper has never been enforced in practice."

"The real enforcement mechanism, Massie and Paul argued, was the one that would take longer to develop: public opinion shifting as casualties mounted, gas prices rose, and the costs of an unauthorized war became tangible to the families who paid them. As of March 6, 23 U.S. soldiers had been killed in Iran and estimated war costs had reached $3 billion.\n\nThe human and economic costs would eventually force Congress to act, they argued, but only after the American public felt the impact directly in their communities and pocketbooks."

🏛️Government📜Constitutional Law🌍Foreign Policy

People, bills, and sources

Thomas Massie

Thomas Massie

U.S. Representative (R-KY), co-sponsor of House war powers resolution

Ro Khanna

U.S. Representative (D-CA), co-sponsor of House war powers resolution, Member, House Armed Services Committee

Warren Davidson

U.S. Representative (R-OH), Army Ranger veteran

Rand Paul

Rand Paul

U.S. Senator (R-KY)

Tim Kaine

U.S. Senator (D-VA), co-sponsor of Senate war powers resolution

Mike Johnson

Mike Johnson

Speaker of the U.S. House of Representatives (R-LA)

Jared Golden

U.S. Representative (D-ME), one of four Democrats voting against the resolution

Greg Landsman

U.S. Representative (D-OH), one of four Democrats voting against the resolution

Hakeem Jeffries

Hakeem Jeffries

House Minority Leader (D-NY)

Gregory Meeks

U.S. Representative (D-NY), Ranking Member, House Foreign Affairs Committee

Bill Cassidy

U.S. Senator (R-LA), one of eight Republicans who reversed a prior war powers vote