On May 1st, after eight weeks of war in Iran, President Donald Trump will need to obtain authorization from Congress if he plans to continue his military operation. This deadline marks the 60th day of the conflict, the maximum period for the use of military force without the approval of lawmakers, according to a law passed after the Vietnam War, the “War Powers Act.”
According to this text, the President of the United States has 48 hours to inform Congress of the commencement of military operations, explaining the scope, justification, and likely duration of the operation. The President then has 60 days, from the notification to Congress, to carry out his military action. An additional 30-day extension is possible, provided that the head of state demonstrates that continuing the conflict is necessary to ensure the security of the military during their withdrawal.
However, in practice, the theory is not always followed, and there is some confusion in Congress regarding the exact date of the 60-day deadline set by the White House. Some lawmakers from both political parties have different interpretations of the text. Some believe the countdown begins at the start of hostilities – which would set the deadline for April 29 – while others consider a 60-calendar day period from the official notification to Congress, which is May 1st.
Many Republican officials believe that the ceasefire period should not be included in this calculation. Even some Democrats admit that this truce complicates the interpretation of the timeline. “We cannot penalize ceasefires. We want them to sit down and talk among themselves,” said Republican representative Brian Fitzpatrick on CNN, indicating readiness to provoke a vote on the War Powers Act as soon as the ceasefire ends.
In theory, Congress can at any time revoke the President’s military powers. However, Democratic attempts in this regard have failed so far. Republican senator Lisa Murkowski, critical of Trump’s handling of the conflict, suggested a legal framework to regulate war conduct, but this initiative was not pursued. An effort to limit Trump’s powers in Venezuela was rejected in the Senate.
In the past, some presidents have circumvented the spirit of the law to prolong their military engagements beyond 60 days. None of these cases matched the scale of the current conflict involving the United States and Israel against Iran. Unlike previous administrations, the Trump White House has not taken visible steps to rally Congress.
President Barack Obama also took a flexible interpretation of the text in 2011 by extending U.S. involvement in NATO bombings in Libya beyond 60 days without Congressional authorization. His administration argued that this operation did not legally constitute “hostilities.”
Donald Trump may argue that the ceasefire ends hostilities and resets the countdown, or that the law does not apply to this situation. However, ignoring the deadline could pose a political problem for the Republican Party, which has so far given the administration a wide latitude to wage war without formal oversight.
At this point, the Trump administration has not disclosed the cost of the conflict in Iran or requested additional budget from Congress. This second term has seen Republican leaders allowing the executive branch to expand its power in various areas.
