House Speaker Mike Johnson argued Tuesday that President Donald Trump was acting within his Article II powers as president with his order of strikes against three Iranian nuclear facilities and that the War Powers Act, being used by members of Congress to push back at the decision, is likely unconstitutional.
"Let me be clear and be as clear as possible: The strikes on Iran's nuclear facilities were clearly within President Trump's Article II powers as commander-in-chief," the Louisiana Republican said in a press conference, shown on C-SPAN Tuesday. "It shouldn't even be in dispute."
He went on to argue, using his background as a constitutional law attorney, that the "law and the precedent" back up arguments against the War Powers Act, passed in 1973 during the Nixon administration.
"The framers of our Constitution never intended for the president to seek the approval of Congress every time he exercises his constitutional authority under Article II as commander-in-chief," Johnson said.
Johnson's comments come after he dismissed moves Monday to vote on a bipartisan resolution introduced by Rep. Thomas Massie, R-Ky., and Rep. Ro Khanna, D-Calif., which claims that Trump's actions required congressional authorization under the War Powers Act.
"I don't think this is an appropriate time for a war powers resolution, and I don't think it's necessary," the speaker said.
Tuesday, he said the framers of the Constitution didn't set restrictions on the presidential use of military force because they understood that Congress would be a deliberative body, and the process of approving military force would take time.
"In an emergent and imminent situation, time is not something we always have the luxury of, and so they wanted in moments of danger and conflict abroad for one single hand of authority to have that authority to act decisively and effectively," said Johnson.
He pointed out that there are "many respected constitutional experts" who believe that the War Powers Act is unconstitutional, and said he agrees with them.
"If you look back at the founders' intent, you read the Federalist Papers, you read the records of the Constitutional Convention, I think that is right," he said. "Many more scholars believe the President is, is correct to use this executive authority in exactly the manner that he did over the weekend."
Congress, he added, has not exercised the authority to declare war since World War II.
"Everybody in this room knows that since then, we've had more than 125 military operations from Korea and Vietnam to Iraq and Afghanistan. They have occurred without a declaration of war by Congress," Johnson said.
Further presidents of both parties have exercised their authority frequently to order strikes on foreign targets, he added.
"President Biden ordered strikes on Iraq, Syria, and Yemen," he said. "President Obama launched an eight-month-long bombing campaign in Libya to oust Gaddafi. President Clinton initiated air patrols and airstrikes in Bosnia and a bombing campaign in Yugoslavia. Every one of those actions was taken unilaterally and without prior authorization from Congress."
The bottom line, he maintained, is that the military reports to the president, who is "empowered to act on the nation's behalf."
"The last few days have unfolded exactly as the law outlines, and as history has demonstrated, and as the framers of the Constitution intended," said Johnson.
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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