Who in the U.S. government has the authority to declare war? According to the U.S. Constitution, that responsibility is divided between the president and the U.S. Congress. On February 28, 2026, President Trump began military hostilities with Iran. However, the Trump administration didn’t notify Congress until March 2. As of today, Congress shas not authorized or approved a war with Iran. What does this mean?
What Does the Constitution Say?
The power to declare war and the power to direct war are two different things. The U.S. Constitution gives Congress the power to declare war and provide funding for a war. However, the Constitution also makes the president the commander in chief of the armed forces. This is an example of the system of checks and balances built into the Constitution. But it can also lead to confusion if the president and Congress do not agree on whether U.S. involvement in an armed conflict is necessary.
The War Powers Resolution of 1973
In the mid-twentieth century, lengthy U.S. military action in Korea (1950-1953) and Vietnam (1965-1973) took place which were never authorized by Congress and were widely unpopular with the American people. In 1973, Congress passed the War Powers Resolution (overriding the veto of President Nixon) to limit the president’s power to commit U.S. troops in an armed conflict without the consent of Congress.
It declared that any president must notify Congress within 48 hours of entering military hostilities with another country. Congress must also authorize, or approve, this military engagement within sixty days. Therefore, according to this resolution, a president cannot keep U.S. troops in a military conflict for more than sixty days without the approval of Congress. Finally, the president must check in with Congress regularly while a military conflict is going on, by providing reports at least every six months of the conflict.
The War Powers Resolution has always been controversial. Presidents often insist that they need to be able to declare war quickly, and without a long legislative process. Congress insists that the separation of powers requires a check on presidential power. Also, the War Powers Resolution doesn’t define exactly what “hostilities” means. But the House of Representatives report that accompanied the Resolution explains that hostilities don’t mean just active fighting. It also means a state of confrontation where armed conflict could become imminent.
A War Powers Resolution for Today
On April 16, 2026, Congressman Brian Fitzpatrick of Pennsylvania introduced a War Powers Resolution for Operation Epic Fury that would ensure that the Trump administration comply with the War Powers Act. It reiterated that Congress must be notified at least 48 hours prior to any military action that is taken, and that Congress must approve and authorize that action within sixty days. The bill will be discussed in committee before it is sent to the House for a full floor vote.
Trump responded to this resolution by saying that as commander in chief, he does not need to seek the authority of Congress to act against Iran, even though the conflict has now passed the sixty-day mark. The president believes that a temporary ceasefire that was agreed upon on April 7 stopped the sixty-day countdown. Legal experts disagree with the president’s claim because military action, such as a naval blockade in the Strait of Hormuz, is still going on.