Rubio says War Powers Act '100 percent unconstitutional'
Source: The Hill
05/05/26 6:17 PM ET
Secretary of State Marco Rubio on Tuesday argued the War Powers Act is unconstitutional, adding that the Trump administration is only complying with “elements” of it to maintain good relations with Congress. “The War Powers Act is unconstitutional, 100 percent,” Rubio told reporters during a White House briefing, claiming that his position has been shared by “every single president” that has occupied the Oval Office since the law passed in 1973.
Also known as the War Powers Resolution, the federal law requires the sitting president to seek congressional authorization for foreign conflicts. Meant to function as a check on the commander in chief’s ability to begin or escalate hostilities, the law mandates the president must notify Congress within 48 hours of deploying troops in response to an “imminent threat,” and requires American forces be withdrawn from any conflict within 60 to 90 days unless Congress declares war or authorizes the action.
President Trump ordered a start to the U.S.-Israeli war in Iran on Feb. 28 but did not formally notify Congress until March 2. As the conflict passed its 60-day mark on Friday, Trump was asked whether he would seek approval from lawmakers. He replied that “it’s never been sought before” and that the law was “totally unconstitutional.”
The administration last week argued in a letter to Congress that the clock on the War Powers Act stopped when Trump declared a 14-day ceasefire with Iran on April 7, which he has since extended indefinitely. On Tuesday, Rubio said gestures of compliance with the law did not mean officials “acknowledge the law as constitutional.”
Read more: https://thehill.com/policy/defense/5864920-rubio-argues-war-powers-unconstitutional/
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