military force

WASHINGTON — Secretary of State Marco Rubio had some explaining to do when he arrived on Capitol Hill for a classified briefing with lawmakers in early March.

Members of Congress wanted to know why, two days earlier on Feb. 28, the United States and Israel had attacked Iran and killed its supreme leader — without notifying them first. After the briefing, Rubio told reporters the U.S. preemptively struck Iran to get ahead of an Israeli attack. A day later, he tried to clarify his remarks.

“The bottom line is this: The president determined we were not going to get hit first,” Rubio said. “It’s that simple, guys.”

For members of Congress, the moment underscored how marginal a role Congress has been able to play in a war that, two weeks in, has spread into more than a dozen neighboring countries, led to the deaths of at least 13 American service members and cost billions of dollars.

In the two weeks since the war began, Congress has largely been sidelined. Lawmakers have cycled through classified briefings, TV interviews and hallway scrums with reporters, but have taken little formal action related to Trump’s war efforts — just two unsuccessful votes aimed at limiting the conflict.

Most of the debate has taken place online, where some GOP lawmakers have drawn rebukes from colleagues for saying America “needs more Islamophobia” and other Islamophobic rhetoric about Iran and its people.

At the same time, Trump has pressed Congress to focus instead on a controversial voting law, signaling to the Republican-led Congress that he wants their focus on the election rather than a historic moment abroad. The president, meanwhile, has offered shifting explanations on how much longer he intends to be at war in the Middle East, telling Fox News’ Brian Kilmeade on Friday that he will conclude the hostilities when “I feel it in my bones.”

Taking Trump’s statements at face value, Democrats and some Republicans have begun to worry that more American troops could be deployed inside Iran to complete the mission — and lawmakers are still trying to understand the war’s threat to the global energy markets as fighting encroaches on the Strait of Hormuz and Americans face soaring gas prices.

The Republican majorities have for the most part rallied behind President Trump, and have blocked measures in both the House and Senate that would have halted the war against Iran and forced him to seek congressional approval for additional hostilities.

House Speaker Mike Johnson (R-La.) likened efforts to rein in Trump’s war efforts to siding “with the enemy.” Sen. Lindsey Graham (R-S.C.) was even more effusive, arguing there is a precedent for presidents using military force without congressional authority.

“The norm in this country is not to declare war by Congress, but for the military to be used by the commander in chief. Sometimes authorization from the Congress is requested, sometimes it is not,” Graham said during a Senate floor speech. “More than not, it is not requested.”

Presidents have frequently used military force without a formal declaration of war — including in Korea, Vietnam and Iraq — but experts argue there is a difference between bypassing a formal declaration and sidelining Congress altogether.

Former Defense Secretary Leon Panetta, who served under President Obama, pointed to the 2011 raid that killed Osama Bin Laden, the mastermind behind the Sept. 11, 2001, attacks, as an example of how the process once worked.

Even though it was a covert Special Forces operation, Panetta said, he personally briefed key congressional leaders before Bin Laden’s killing took place.

That kind of consultation, he said, no longer happens. Instead, lawmakers learn about military operations the same way ordinary Americans do — by watching the news — and then demand to be briefed, he said.

“By that time, the country is pretty much committed to war,” Panetta said.

Presidents of both parties have expanded their power to wage war unilaterally, but Panetta said he believes Trump has crossed a new threshold by dispensing not just with congressional approval but with the courtesy of a briefing.

“It’s not good for our democracy. It’s not a good process,” he said. “It’s not what our forefathers would have wanted.”

Rubio, however, has argued the administration has kept congressional leaders apprised. He told reporters there is no legal requirement to notify all members of Congress and that he briefed the Gang of Eight — a group made up of the top Republicans and Democrats in the House and Senate, as well as the leaders of the respective intelligence committees — within 48 hours of the attack against Iran.

“We notified congressional leadership,” Rubio said. “The law says we have to notify them 48 hours after beginning hostilities. We’ve done that.”

In the statement issued Friday, the White House defended the president’s approach to the war in relation to how its involved Congress, adding that Trump and administration officials “continue to keep bipartisan lawmakers in Congress apprised of the operation as the United States continues to dominate.”

“Past presidents have talked about this for 47 years — but only President Trump has had the courage to do something about it,” White House spokesperson Olivia Wales said.

Democrats say they’re ‘flying blind’

Democratic lawmakers, including some who have been included in classified briefings, have accused administration officials of keeping them “in the dark” and are beginning to demand public congressional hearings.

“I want this administration to testify in public, under oath, regarding a bunch of questions we have in order for the American people to see for themselves,” said Rep. Jimmy Gomez (D-Los Angeles). “I do believe this administration has lied to the American public and Congress.”

Gomez, a member of the House Permanent Select Committee on Intelligence, said he never expected that he would have to spend so much time trying to discern if the administration is lying to lawmakers.

“I think it’s that’s what makes the job harder,” he said.

Democrats, who are in the minority, have limited power to call those briefings, but have continued to put pressure on the administration in a public way.

Senate Democrats last week sent a letter to Defense Secretary Pete Hegseth, demanding answers by Wednesday about reports that a U.S. airstrike hit an Iranian elementary school.

Iranian officials said the explosion killed at least 175 people, most of them children. The U.S. has not taken responsibility for the attack, and Hegseth has said the matter is under investigation. Trump, without providing evidence, has claimed Iran was responsible for the attack.

Seeking answers has been a common theme among Democrats since the start of the war. Sen. Richard Blumenthal (D-Conn.), for instance, said after a classified briefing last week that he had “left with more questions than answers” and a real concern about the possibility of deploying American troops to Iran.

Power of the purse

If the war continues, Congress still retains some leverage.

Under the War Powers Resolution passed by Congress in 1973, unauthorized deployments into hostile situations must end after 60 days unless Congress votes to declare war or passes legislation authorizing the use of the military.

Rep. Brad Sherman (D-Sherman Oaks), who sits on the House Foreign Affairs Committee, said he has told Hegseth and Rubio that if they violate that provision it will be like “stealing money” for actions that are not approved by Congress and warned they could be held civilly liable.

The 60-day deadline will be a key moment for Congress to step in, Sherman said; otherwise there will be growing concern about Trump having “unchecked power.”

So far, he thinks Republicans in control view their job as “butler to the president,” and that the Constitution already gives Trump “too much power over the military.”

“If Congress is controlled by people who want to be servants to the president, it’s going to do an incredibly bad job of being a check on the president,” he said.

Beyond the War Powers Resolution, lawmakers also have power over the appropriations process and could deny the administration’s request to boost military funding.

“The Congress can stop military action by cutting off funding. If you don’t like the war in Iran, say we won’t pay for it. We have the constitutional power of the purse,” Graham said in a Senate floor speech early in March.

The Trump administration’s war with Iran cost $11.3 billion during its first six days, according to the Associated Press.

But Rep. Mike Levin (D-San Diego), who sits on the House Appropriations Committee, says he is aware of the figure only because of news reports — not because the Pentagon has been transparent.

“We are flying blind in the sense that we just don’t know. We don’t know how much is being spent or what it’s being spent on,” Levin said.

Levin says the military will probably need to bolster its munitions stockpile at the rate the conflict is going.

If the Pentagon does request more money, Levin said, he would try to ensure that “not one more dollar goes toward any of this without clear answers and a clear plan.”

Democrats are pushing for a vote next week on a resolution to curtail President Trump’s authority to conduct strikes in Iran, a move that would reassert Congress’ role in approving the use of military might.

The effort was already underway to force a vote on a war powers resolution, but it gained fresh momentum as the U.S. and Israel bombed Iran beginning early Saturday, an action that Trump referred to in a video shortly afterward as “war.” House Democratic leaders announced this week — before the strikes — that they would begin procedures to force a floor vote on a resolution for Iran.

The resolution directs Trump to terminate the use of armed forces against Iran, unless explicitly authorized by Congress. Presidents of both parties have skirted around war powers resolutions in the past.

Passage is uncertain in the Republican-controlled House and Senate, with GOP members of both chambers expressing initial support for the bombing of Iran. Senate Majority Leader John Thune (R-S.D.) praised the attacks Saturday and said to reporters that the administration “better well make it about getting new leadership and regime change.”

But the effort for a war powers vote has gained the support of at least two House Republicans, Thomas Massie of Kentucky and Warren Davidson of Ohio, making it possible for the measure to pass the House if enough Democrats support the measure and enough members show up for the final vote.

On the Senate side, Republican Rand Paul of Kentucky, who voted for an earlier war powers resolution, said he would “oppose another presidential war.”

House Democratic leader Hakeem Jeffries of New York said Iran “is a bad actor and must be aggressively confronted for its human rights violations, nuclear ambitions, support of terrorism and the threat it poses” to allies in the region.

“However, absent exigent circumstances, the Trump administration must seek authorization for the preemptive use of military force that constitutes an act of war,” Jeffries’ statement said.

Rep. Ro Khanna (D-Fremont), a California Democrat who is co-sponsoring the resolution with Massie, urged lawmakers to reconvene in Washington on Monday to vote, calling the strikes the launch of “an illegal regime change war in Iran with American lives at risk.”

Massie on social media described the attack as “acts of war unauthorized by Congress.”

The resolution faced initial opposition from staunch pro-Israel House Democrats Jared Moskowitz of Florida and Josh Gottheimer of New Jersey.

Senate Democratic leader Chuck Schumer of New York said the Senate should pass the resolution but didn’t outright oppose the strikes. He complained that the administration did not lay out its case to Congress or the public.

Trump would surely veto the resolution if passed, but substantial GOP votes for it could persuade him to limit the attacks on Iran. The Senate passed a procedural vote for a resolution against the strikes in January that culminated in the capture of Venezuelan leader Nicolas Maduro, after which the White House sent Secretary of State Marco Rubio to Capitol Hill to testify to members.

The U.S. Constitution gives Congress the power to declare war, but no president since Franklin D. Roosevelt in World War II has used that formal declaration, instead relying on less expansive authorization to deploy military force. Congress passed the War Powers Resolution in 1973 to slow the Vietnam War.

However, most presidents have sought some level of buy-in and approval from Congress, which approves the budget for the Pentagon.

“The Constitution is clear: The decision to take this nation to war rests with Congress, and launching large-scale military operations — particularly in the absence of an imminent threat to the United States — raises serious legal and constitutional concerns,” Sen. Mark Warner (D-Va.) said in a statement. “Congress must be fully briefed, and the administration must come forward with a clear legal justification.”

Other Senate Democrats, including Tim Kaine of Virginia and Andy Kim of New Jersey, have also urged their chamber to vote on a similar measure to put checks on Trump’s use of military force in Iran.

Rubio notified the so-called Gang of Eight — the top congressional leaders in the House and Senate and on the intelligence committees — of the strikes, the White House said.

Sen. Roger Wicker (R-Miss.), the chair of the Senate Armed Services Committee, defended the strikes as “pivotal and necessary.”

“The President has stated the operation’s goals clearly: thwart permanently the ayatollahs’ desire to create a nuclear weapon, degrade their ballistic missile force and their production capacity, and destroy their naval and terrorism capabilities,” Wicker said in a statement.

Sen. Chris Coons (D-Del.) noted in his statement: “This is not how a democracy goes to war.”

Wasson writes for Bloomberg.