(Dave DeCamp, Antiwar.com) Rep. Thomas Massie (R-KY) is joining a group of Democrats who are attempting to sue the White House over its refusal to follow a War Powers Resolution that was passed by Congress and directed President Donald Trump to end the war with Iran, Fox News Digital reported on Monday.
The War Powers Resolution was passed by both the House and Senate in June, marking the first time Congress approved a concurrent resolution under the 1973 War Powers Act directing the termination of an unauthorized war.
Section 5(c) of the 1973 War Powers Act states that “at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.”
Massie told Fox that Trump and US War Secretary Pete Hegseth are “in blatant violation of two sections of the War Powers Resolution of 1973.”
“For the first time since the law was enacted, a concurrent resolution has passed in accordance with 5(c) of the law, but the White House has ignored it. It seems they’ve assumed the law is unconstitutional, but no court has ever found that to be the case, so the law remains on the books while the White House flouts it. In the 1983 case INS v. Chadha, the Supreme Court did not opine on the 1973 War Powers Resolution. It’s time for the courts to settle this, and that’s what our legislation directs,” Massie said.
“They’ve also violated section 5(b) of the law, but rather than ignore the law, they’ve perpetuated a ruse that the 60-day limit on Presidential military activity does not apply with respect to the Iran war, because each time they effect a temporary ceasefire, the statutory clock restarts. We believe no court would agree with this absurdity, and this should be litigated as well,” he added.
The legislation to enforce the War Powers Resolution was introduced by Rep. Gregory Meeks (D-NY), the ranking member of the House Foreign Affairs Committee, and has five co-sponsors, four Democrats plus Massie. The bill would require House Speaker Mike Johnson (R-LA) to take legal action against the administration to enforce the concurrent War Powers Resolution.
“The power to declare war rests unequivocally with Congress, yet Speaker Johnson and the vast majority of Republicans have allowed President Trump to trample over the Constitution and wage a war that has not been authorized by Congress. Nevertheless, Democrats, together with the few Republicans who upheld their oath, successfully passed my Iran War Powers Resolution that requires the president to end his hostilities in Iran last month,” Meeks said in a statement on the bill.
“Despite what the administration might say, I believe my War Powers Resolution is binding, and it is time to settle that question in the courts. As the Speaker of the House, Johnson must bring this suit forward. If the Speaker won’t defend congressional prerogatives, we must compel him to do so, which is why I’ve introduced this legislation to force his hand,” he added.
This article originally appeared at Antiwar.com.
