Operation Epic Fury Puts Congress and the Constitution to the Test

(Geoffrey S. Corn, Claire O. Finkelstein – Lawfare) On March 2, the Trump administration filed a war powers notification with Congress in regard to Operation Epic Fury, the joint Israel-U.S. campaign against Iran initiated on the morning of Feb. 28. Democratic members of Congress, joined by several Republicans, sought to restrict President Trump’s war powers. On March 4, however, a majority in the Senate voted down the resolution to restrict Trump’s authority to continue the military campaign against Iran—roughly along party lines. A second bill introduced in the U.S. House of Representatives is also being debated, although there seems little chance of a different outcome. How does the resolution’s failure to muster even a majority of votes to constrain Trump’s war powers in Iran impact the assessment of his constitutional authority? This is a complex question, but the Trump administration—following past examples—will likely interpret the failed resolution as a sign that Congress supports Trump’s military goals. Yet this interpretation ignores an even more controversial aspect of the interbranch war powers equation: the War Powers Resolution (WPR). – Operation Epic Fury Puts Congress and the Constitution to the Test | Lawfare