How not to fix the War Powers Resolution

Congress is growing increasingly frustrated with the on-again, off-again Iran war.

On May 1, President Trump sent a letter to Congress “consistent with” the War Powers Resolution, indicating that the “hostilities” with Iran had “terminated.” Then, on July 10, he sent another letter informing Congress that the war had resumed. Rep. John Larson (D-Conn.) introduced legislation to amend the War Powers resolution and hold the president’s feet to the fire. There are three problems with the bill: It won’t pass, it won’t work and it won’t fix the actual problem.

Larson’s bill doesn’t have the votes. He introduced the legislation late in the legislative calendar, and it has no co-sponsors. Setting that aside, the proposal is worth analyzing, because if a future Congress uses this as a template, it won’t strengthen the War Powers Resolution and it could exacerbate executive-legislative war powers disputes.

The War Powers Resolution doesn’t do what Congress thought it would when Congress overrode President Nixon’s veto in 1973. Congress intended the War Powers Resolution to force the president to engage in meaningful consultation. The WPR requires the president to consult with Congress regularly and to notify Congress when the president “introduces” U.S. Armed Forces into “hostilities” or imminent hostilities. After receiving notification Congress has 60 days to authorize the continued use of force, otherwise the law requires the president to withdraw all forces.

Larson’s bill would amend the War Powers Resolution so that no federal funds........

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