A divided Congress mulls war powers as Trump considers strike in Iran

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WASHINGTON – Lawmakers in the House and Senate are divided on how and whether to act on President Donald Trump's suggestion that he may authorize a U.S. strike on Iran amid missile attacks between Iran and Israel.

Congress is the only branch of government that has the power to declare war, according to the U.S. Constitution, but presidents have stretched their own powers to engage in foreign conflicts in recent decades because the president can authorize strikes in defensive cases.

As Israel and Iran trade blows in an escalating aerial war, Israel is aiming to take out Iran's nuclear facilities with the possibility of the U.S. military's help. Trump said on June 18 his decision is imminent and that he wasn't concerned about upsetting parts of his core MAGA political base that are publicly warning against the United States being entangled in another foreign conflict.

Trump first ran for president in 2016 as an ardent critic of the war in Iraq. Once in the White House, he ordered a drone strike on an Iranian military commander, Qassem Soleimani, without telling Congress. Former President Barack Obama argued George W. Bush-era war authorizations from the early 2000s covered drone strikes in Yemen. And former President Bill Clinton conducted missile strikes in Sudan and Afghanistan in 1998 without explicit Congressional approval.

Some lawmakers of both parties say they want a say in whether the U.S. gets involved in the conflict between Iran and Israel, which began on June 13 when Israel struck Iran. Reps. Thomas Massie, R-Kentucky, and Ro Khanna, D-California, introduced a resolution to block U.S. involvement in the conflict without Congressional approval.

"This is not our war," Massie wrote on X. "Even if it were, Congress must decide such matters according to our Constitution."

Sen. Tim Kaine, D-Virginia, introduced a similar measure in the Senate. Both the resolutions in the House and Senate are privileged, which means the chambers will be forced to vote on them as soon as next week, Kaine said.

"It is not in our national security interest to get into a war with Iran unless that war is absolutely necessary to defend the United States," Kaine said in a statement. "I am deeply concerned that the recent escalation of hostilities between Israel and Iran could quickly pull the United States into another endless conflict."

But support for the resolutions may not fall neatly along party lines.

Sen. John Fetterman, D-Pennsylvania, has said he will vote against Kaine's push because he wants to ensure Trump can destroy Iran's nuclear capabilities. And Sen. Rand Paul, R-Kentucky, said the Constitution is "pretty clear" that the president can't take the country to war without Congressional approval.

"You can't have a president just beginning a war on his own," Paul said. "So if that decision should be made, he should come to Congress and ask for permission."

However, many Republicans in the Senate say Trump is well within his rights to move unilaterally for a single strike.

"A single bombing run, historically, has not been understood to require congressional authorization," said Sen. Ted Cruz, R-Texas. "To engage in sustained hostility, to engage in continued warfare, does require congressional coming to the floor.”

Sen. Lindsey Graham, R-South Carolina, told CBS News on June 15 that "the worst possible outcome" would be the survival of the Iranian nuclear program. Destroying it through diplomacy would be preferred, he said.

But "if diplomacy is not successful, and we left with the option of force, I would urge President Trump to go all in to make sure that when this operation is over, there's nothing left standing in Iran regarding their nuclear program," he said. "If that means providing bombs, provide bombs... If it means flying with Israel, fly with Israel."

Others are keeping their powder dry until Trump makes his plan clear.

Senate Majority Leader John Thune, R-South Dakota, told reporters on June 17 that Trump is "perfectly within his right to do what he's done so far."

Asked whether he would consider allowing a War Powers resolution to come to the floor to authorize force in the case it's needed, Thune said: "We're getting the cart ahead of the horse here."

"Clearly if this thing were to extend for some period of time there could be a more fulsome discussion about what the role of Congress should be, and whether or not we need to take action," Thune said. "Right now, let's hope and pray for the best outcome, the best solution. In my view, that would be Iran coming to the negotiating table and agreeing to end their nuclear program."