Congressional War Powers Questioned Amid US Military Operations Without Formal Declaration

Congress has not issued an official declaration of war since June 4, 1942, when it declared war on Bulgaria, Hungary, and Romania during World War War II. Since that time, presidents have frequently ordered military operations without direct congressional approval. While Congress has typically authorized force through "Authorizations for Use of Military Force" (AUMFs) for conflicts such as the Gulf War, the war in Afghanistan, and the Iraq War, these are not formal declarations of war, according to the Library of Congress.

The ongoing "war with Iran," which recently passed its 100-day mark, has brought the legality of such operations into focus. "Operation Epic Fury," described as a large-scale military operation, reportedly launched without congressional authorization. This has prompted ethical, economic, and political questions, particularly regarding its constitutional legality.

In response, the House of Representatives passed a War Powers resolution on June 3. If enacted by the Senate, this resolution would require the removal of all offensive forces within 30 days of its passage, per PBS News. The Senate itself advanced a similar resolution in May, though it has not yet been brought to a final vote. For the House resolution to advance, it would need 60 votes in the Senate to reach a floor vote.

President Donald Trump would have the authority to veto such a resolution, which would then necessitate a two-thirds vote from both houses of Congress to override. In May, President Trump stated that a ceasefire with Iran meant hostilities were "terminated," suggesting that congressional approval was not required. However, the United States has since carried out additional strikes against Iran, which government officials have characterized as "self-defense" actions, PBS News reported.

Historically, presidents have undertaken significant military operations without direct congressional approval, sometimes through broad interpretations of executive powers or without explicit legal justification. This practice has occasionally led to legal challenges, but in other instances, presidents have avoided congressional scrutiny due to widespread public support for the military action. Andrew Wiest, a professor of military history at the University of Southern Mississippi, notes that this trend represents a broader concession of congressional war powers to the executive branch since World War II.

Even prior to WWII, instances such as the Philippine-American War (1899) saw presidents act without formal declarations. President William McKinley did not seek a formal declaration for this conflict, interpreting the recently ratified Treaty of Paris, which ceded the Philippine Islands to the U.S., as an implicit approval of force from lawmakers. The annexation of the Philippines during this period was controversial in Congress, with some anti-imperialists deeming it illegal, according to the House.

According to Business Insider, these actions highlight a long-standing tension between presidential authority and congressional oversight regarding military engagements.