War Powers Act is unconstitutional, Speaker Johnson says

House Speaker Mike Johnson, R-La., argued Tuesday that the War Powers Act, a Nixon-era law limiting the president’s power to unilaterally wage war, is unconstitutional, and vowed that a pending resolution to bar U.S. military action in Iran under that law will not pass the House.

Johnson told reporters that President Donald Trump‘s decision to order strikes on Iranian nuclear targets over the weekend was “clearly” within his powers under Article II of the U.S. Constitution.

Many constitutional scholars believe that the law known as the War Powers Resolution violates Article II, Johnson said, adding, “I think that’s right.”

The Constitution gives Congress the power to declare war, which it has not done with respect to the current conflict in the Middle East between Iran and Israel. But the legislative branch has not formally exercised that power since World War II.

The Constitution also makes the president the commander in chief of the nation’s armed forces, giving him significant sway over the use of the military. Previous presidents have taken military action without first seeking congressional approval, and some experts say neither Congress nor the courts are likely to do much to rein in Trump in response to the recent strikes.

The War Powers Resolution of 1973 requires the president to notify Congress within 48 hours of deploying the armed forces in any case where war has not formally been declared. Under the law, the military use must end within 60 days unless Congress declares war or grants an extension.

Rep. Thomas Massie, R-Ky., alongside Democratic Rep. Ro Khanna of California, last week introduced a War Powers resolution that would bar the U.S. military from “unauthorized hostilities” in Iran.

More than a dozen House Democrats have cosponsored the resolution, and Sen. Tim Kaine, D-Va., has put forward a similar measure in the Senate.

The resolution is “privileged,” which could allow it to quickly come to a House vote despite Johnson’s opposition.

But Massie said Monday evening that he would not advance his resolution if the Iran-Israel ceasefire holds, Politico reported.

Trump has lashed out at Massie repeatedly over his opposition to the massive tax-and-spending bill that the president is pushing Republican lawmakers to quickly pass. Massie was one of a small handful of Republicans to vote against the bill when it came to the House floor last month.

On Tuesday morning, Trump in a Truth Social post called Massie a “Third Rate Congressman” and a “LOSER.”

Johnson told the press in Tuesday’s remarks that he has asked Massie if his resolution was a “moot point” in light of Trump’s ceasefire announcement.

Massie had replied, “yeah, it probably is,” according to Johnson.

So “we may not have to act” on the resolution, the speaker said. “I hope we don’t, because I think it would be a terrible look, and it will not pass the House because it’s inappropriate and it’s not a proper use of the law anyway.”