Speaker Pelosi: 1973 War Powers Act Unconstitutional

On June 25, 2025, US House Speaker Mike Johnson agreed with the view that the War Powers Resolution passed in 1973 was unconstitutional. He strongly pushed back against some lawmakers who introduced new resolutions to prevent President Trump from taking military action against Iran.

Johnson told reporters at the US Capitol on Tuesday, “Many respected constitutional experts believe that the War Powers Resolution itself is unconstitutional. This argument convinced me. They believe it violates the constitutional power given to the Commander in Chief in the Second Amendment. I think this view is correct.”

The War Powers Resolution, passed during the Vietnam War, aims to limit the President’s unilateral authority to launch hostile military actions.

Johnson’s statement on Tuesday went further than the previous day. On Monday, when asked if he would allow a resolution aimed at limiting Trump’s power to be voted on in the House of Representatives, the Speaker avoided the question, pointing out that introducing such a resolution was purely a political act since presidents from both parties have ordered military strikes against foreign countries without congressional approval, and Democratic lawmakers did not try to stop their party’s presidents from taking such actions.

“The developments of the past few days are proceeding in accordance with what is prescribed by law, demonstrated by history, and envisioned by the framers of the Constitution,” added Johnson.

In 1973, the War Powers Resolution specified that when the President deploys armed forces without a formal declaration of war, he must notify Congress within 48 hours. According to the law, military actions must end within 60 days unless Congress declares war or approves an extension.

Although the US Constitution grants Congress the power to declare war, Congress has not formally exercised this power since World War II.

With the increasing possibility of direct US strikes on Iran’s nuclear facilities last week, Republican Congressman Thomas Massie from Kentucky and Democratic Congressman Ro Khanna from California jointly introduced a resolution on war powers, demanding that Trump “terminate” the deployment of US military forces to Iran unless authorized by Congress.

Khanna is a progressive Democrat, while Massie leans towards Libertarian principles and has opposed Trump’s positions on issues like tax cuts and budget bills. The resolution was introduced as a “privileged resolution,” allowing Massie and Khanna to force the committee to submit the resolution to a full House vote even if Johnson opposes it.

However, according to the US political news website Politico, Massie stated on Monday night that he would not push forward with his resolution if the ceasefire between Israel and Iran holds.

On Monday, three Democratic lawmakers introduced a similar resolution aiming to compel all US troops involved in actions without congressional approval to withdraw from Iran. The Democrats who introduced this resolution include Representatives Gregory Meeks from New York, Adam Smith from Washington, and Jim Himes from Connecticut.

Last Monday, Democratic Senator Tim Kaine from Virginia also introduced a resolution in the Senate, reaffirming the provisions of the 1973 War Powers Resolution, demanding that the President cease using US armed forces to take “hostile actions” against Iran unless Congress explicitly authorizes declaring war on Iran or grants specific authorization for the President to use force.