Commentary

Expect Congress to Act Against Trump on the War Powers Act After Midterms

Trump will veto the measure, but political pressure to end the war will increase.

War Powers Act of 1973

The War Powers Resolution of 1973 is a federal law designed to limit the U.S. president’s ability to initiate or escalate military actions abroad without congressional approval

Key Provisions

  • 48-Hour Notification: The president must notify Congress within 48 hours of deploying military forces into hostile situations or areas where hostilities are imminent.
  • 60-Day Limit: Troops may only remain in the conflict zone for 60 calendar days without formal congressional authorization or a declaration of war. [1, 2]
  • 30-Day Withdrawal: The president receives an additional 30 days to safely withdraw the forces if Congress does not authorize the action. [1]

Historical Context

  • Vietnam War: Frustration over undeclared military expansions into Vietnam, Cambodia, and Laos prompted lawmakers to reclaim constitutional war-making checks.
  • Nixon Veto Override: Congress passed the statute over President Richard Nixon’s veto in November 1973 after arguing that the executive branch had overreached its commander-in-chief powers.

No Filibuster

  • Expedited Procedures: The War Powers Resolution contains built-in statutory rules designed to prevent a minority of senators from blocking a vote on troop deployments.
  • Simple Majority (51 Votes): If a member introduces a concurrent or joint resolution to direct the President to remove U.S. forces from unauthorized hostilities, these expedited rules allow the resolution to bypass the filibuster and move directly to a floor vote, requiring only a simple majority to pass the Senate.
  • The Veto Hurdle: While these resolutions can pass Congress with a simple majority, presidents routinely veto them. To successfully override a presidential veto and force a withdrawal, Congress ultimately needs a two-thirds supermajority in both chambers.

Forcing a War Powers resolution through a divided Congress against a sitting president would be an extraordinary and rare political event.

When public sentiment is overwhelmingly anti-war, it shifts the political math completely. It forces lawmakers who would normally protect their party’s president to face severe pressure from voters back home, turning a standard partisan debate into a massive showdown.

While a War Powers resolution is the direct tool to command a withdrawal, a successful majority vote signals to the president that Congress is highly likely to use its ultimate leverage next: stripping away military funding in the upcoming budget.

Some Republicans Issue a New Call on Trump’s War With Iran

The New York Times reports Some Republicans Issue a New Call on Trump’s War With Iran: End It Now

While Mr. Trump is talking about escalating the war if he cannot strike a deal with Iran, Republicans in competitive races are losing patience with the fighting.

Representative Ashley Hinson, the party’s Senate nominee in Iowa, called at a news conference Friday for an “immediate” end to the war, saying she was “incredibly frustrated” by rising costs. Former Representative Mike Rogers, the Republican nominee in the Senate race in Michigan and an early cheerleader for the war, released an advertisement on Monday in which he declared that it “needs to end.”

Brinker Harding, a Republican trying to win a swing Nebraska congressional district that has been in his party’s hands for nearly a decade, said in an interview Friday that “we need to bring the war in Iran to a close as quickly as possible.” And Senator Jon Husted, who is working to fend off the Democratic former senator Sherrod Brown, told reporters on Friday that “we got to bring the war to a close” — even as he added that any resolution should be on “acceptable” terms.

Still, many Republicans have been cautious about crossing Mr. Trump, fearing a backlash that could alienate Republican voters they need in November. Despite Ms. Hinson’s and Mr. Husted’s calls for an end to the war, they recently voted against resolutions to rein in Mr. Trump’s ability to carry on the conflict.

Some of the Republicans seen as having the best chances to defy a difficult political environment have been most vocally critical of the war.

Mr. Rogers’s reversal in Michigan was among the most striking. A longtime foreign-policy hawk and once a chair of the House Intelligence Committee, Mr. Rogers was an early supporter of the war. In May, Mr. Rogers told WDIV-TV that he viewed the war as a “win-win-win” for Americans.

But in his new ad, set at a supermarket, he acknowledged groceries cost “too much.” He also said that ending the war would swiftly bring down energy costs — a view that is generally not shared by economists.

In Iowa, a conservative-leaning state whose agricultural economy has been hit hard by rising fertilizer and diesel prices, Ms. Hinson was not alone in splitting with the president over the war. Two House Republicans in tough races, Zach Nunn and Mariannette Miller-Meeks, voted this month to end the war or require explicit congressional authorization for it to move forward.

They were joined by five other Republicans, including two in competitive races: Representatives Brian Fitzpatrick of Pennsylvania and Tom Barrett of Michigan. Republicans still overwhelmingly voted to support the conflict, despite polling that suggests less than a third of likely voters in the midterms think Mr. Trump made the right decision in going to war. Ms. Hinson, a congresswoman, did not back the measure, but spoke out against the war in the days that followed.

A similar measure failed in the Senate last week, though Senator Susan Collins of Maine supported it. Ms. Collins, a centrist, has long opposed the war. She is seeking a sixth term in a Democratic-leaning state, and some polls show her in the lead or running roughly even with Troy Jackson, the Democratic nominee.

Looking Ahead

On June 23, 2026, the U.S. Senate voted 50–48 to adopt a House-passed measure directing the administration to halt military actions in Iran. Because the War Powers Act’s expedited procedural rules bypass the filibuster, the resolution was able to pass with a simple majority.

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Bipartisan Defections: Four Republican senators—Rand Paul, Susan Collins, Lisa Murkowski, and Bill Cassidy—broke ranks to vote with the Democrats.

One Democrat, John Fetterman, voted against the resolution.

Although the Senate and the House passed the resolution, it never went to Trump’s desk for a veto because Congress passed the bill as a Concurrent Resolution rather than a Joint Resolution.

After the Midterms, expect a joint resolution.

Trump will have to defend the war to a nation sick of these wars, and more Republicans will be willing to stand up to Trump.

2027 is more of a sure thing when Democrats take at least a few seats and likely the Senate.

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Article posted with permission from Mish Shedlock

Mish Shedlock

Mike Shedlock / Mish is a registered investment advisor for SitkaPacific Capital Management. On “MishTalk,” global economics blog, he writes several articles a day on the global economy. Topics include interest rates, central bank policy, gold and precious metals, jobs, and economic reports, all from an Austrian Economic perspective.

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