In a rare bipartisan rebuke amid a fraught overseas conflict, the US Senate has approved legislation instructing President Donald Trump to stop US military action against Iran.
Senators voted 50-48 to pass a War Powers Resolution that cleared the House of Representatives earlier this month, a sign of rising unease — including within Mr Trump’s own party — over a war that began on 28 February and has proved politically unpopular.
The vote marked the first time since the War Powers Resolution, more commonly called the War Powers Act, became law in 1973 that both chambers of Congress have passed a measure directing a president to pull US forces from hostilities.
Mr Trump quickly denounced the decision on social media, branding it “poorly timed and meaningless.” He also accused supporters of the resolution of giving “comfort” to Iran and making his job “more difficult.”
Although the action is expected to have limited practical impact, it nonetheless represents a setback for a president who, until recently, had enjoyed near-unified backing from Republicans on Capitol Hill.
It also arrives as the administration is expected to seek congressional approval for tens of billions of dollars to cover the costs of the war.
Senator Susan Collins from Maine was one of four Republicans to vote for the resolution
Republicans maintain narrow majorities in both the Senate and the House, but a small number have increasingly broken ranks with Mr Trump on select issues ahead of November’s mid-term elections, which will decide whether the party keeps control of Congress.
In recent weeks, some Republicans resisted Mr Trump’s $1.8 billion “anti-weaponisation” fund — intended to compensate political allies he says were targeted by federal authorities — and they also stalled a $70 billion measure to finance his immigration crackdown.
A Reuters/Ipsos poll released yesterday underscored the political headwinds: only one in four Americans said the war with Iran was worth the costs, and a majority expressed concern that any truce with Tehran would not endure.
The Senate’s roll call largely tracked party lines. Four Republicans joined all but one Democrat to support the resolution, while two Republican senators did not cast votes.
Constitutional uncertainty
Even as the administration works to negotiate a peace agreement with Iran, the congressional vote is expected to increase pressure on Mr Trump not to restart hostilities — something he has indicated he might consider if talks collapse.
Under the 1973 War Powers Act, the concurrent resolution adopted by both the House and Senate does not go to the White House for Mr Trump’s signature.
When Congress enacted the 1973 statute, lawmakers envisioned such resolutions as a tool for bringing military operations to a close.
Yet legal specialists say the question is far from settled.
No war powers resolution had previously cleared both chambers, and a 1983 Supreme Court decision held that such a measure must be presented to a president for signature or veto in order to carry legal force.
The White House has maintained that the War Powers Act is unconstitutional and therefore not binding.
Yesterday, a White House official dismissed the Senate action as insignificant, arguing that because the resolutions are not sent to the president, they do not carry the force of law — and contending the measure passed only because two Republicans were absent.
The official also said the resolution directs Mr Trump to withdraw US forces from hostilities that, in the White House’s view, ended with a ceasefire on 7 April.
Experts say the constitutionality of the War Powers Act will likely be tested in court.
“The executive branch will likely ignore it on constitutional grounds, and it’s not clear who might have standing to sue to enforce it,” said Scott Anderson, a senior fellow at the Brookings Institution and senior editor of the online legal publication Lawfare.
Representative Gregory Meeks of New York, the House sponsor of the resolution, said he considers the measure binding and would pursue all legal avenues to ensure the administration follows it.
Democrats, meanwhile, pointed to the US Constitution’s allocation of war-making authority, arguing that the power to take the nation to war rests with Congress, not the president.
“Congress has to own this responsibility,” Democratic Senator Tim Kaine of Virginia said in a speech urging support for the measure.
Slim, but significant, support
Support in the House was also narrow, though notable.
Lawmakers there approved the resolution 215-208, with four Republicans and every Democrat voting in favour.
In the Senate, the four Republicans backing the measure were Susan Collins of Maine, Rand Paul of Kentucky, Bill Cassidy of Louisiana and Lisa Murkowski of Alaska. Democratic Senator John Fetterman of Pennsylvania voted against it.
Republicans Mitch McConnell of Kentucky and David McCormick of Pennsylvania did not vote.
Democratic lawmakers have promised more votes on war-powers measures, saying they want to compel Republicans to publicly take positions on the conflict.
Separately, under a 2015 law enacted as then-president Barack Obama negotiated a nuclear deal with Iran and other world powers, Congress has the authority to review and vote on any peace agreement with Tehran if it affects Iran’s nuclear program.
Senate Republican Majority Leader John Thune of South Dakota said he anticipates Congress will review and vote on any eventual Iran peace deal.
