The War Powers Act Is Unconstitutional. It's Also Unworkable.

Congress has real war powers. The War Powers Act is not one of them.

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by Rod D. Martin
May 6, 2026

Friday May 1st marked the 60th day of President Trump’s Operation Epic Fury against Iran. Supposedly, reaching that date without explicit Congressional approval means the War Powers Act’s automatic termination provision kicks in.

Supposedly.

In reality, the War Powers Act of 1973 is both unconstitutional and unworkable. It’s also unclear in a key respect the President has already made use of. Can Congress stop the President? Certainly. Can the War Powers Resolution? No.

That distinction matters. Congress has enormous constitutional power over war. It can declare war. It can fund, or crucially, refuse to fund war. It can limit, condition, or prohibit specific military actions. If necessary, it can impeach a rogue President.