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BumRushDaShow

(171,620 posts)
Wed May 6, 2026, 05:28 AM 3 hrs ago

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Congress within 48 hours of deploying troops in response to an “imminent threat,” and requires American forces be withdrawn from any conflict within 60 to 90 days unless Congress declares war or authorizes the action.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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no_hypocrisy

(55,238 posts)
2. Let me give you a tutorial, Marco.
Wed May 6, 2026, 06:19 AM
2 hrs ago

No, you're wrong. The War Powers Act is constitutional.

What it isn't is applicable at this moment.

Because TWPA only applies when the United States has been attacked and we're defending ourselves.

Your boss jumped the gun.

oasis

(53,874 posts)
10. Finally got Melania to break into a smile. I'll
Wed May 6, 2026, 09:05 AM
13 min ago

bet she’s not quite that jovial when hubby, Donald produces “the real deal” at bedtime.

AZLD4Candidate

(6,881 posts)
6. Article I, Section 8, Clause 11 of the U.S. Constitution grants Congress the sole power to declare war
Wed May 6, 2026, 07:38 AM
1 hr ago

War Powers Act bends this a little bit, but still, need a congressional declaration of war.

SamuelAdams

(137 posts)
8. Is the power given to Congress to declare war in the Constitution constitutional?
Wed May 6, 2026, 08:00 AM
1 hr ago

This administration seems to think not or that it is meaningless since they seem to claim the president has unlimited authority to start and fight wars.

melm00se

(5,169 posts)
11. Almost since day
Wed May 6, 2026, 09:17 AM
1 min ago

one, there has been an argument over the constitutionality of WPA.

Neither side is willing to take the case to the courts as a loss would drastically alter the balance of power when it comes to the use of the military.

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