President Trump should not renew attacks on Iran unless or until he wins congressional approval to do so. To permit him to count renewed hostilities as a new or second war and not a continuation of the first war is to allow him to wage war in Iran with no congressional check. This will revive and strengthen a dangerous precedent by which presidents can wage unlimited war for an unlimited length of time.
When I first wrote some weeks ago that Trump should have won congressional support before he first launched attacks on Iran, his supporters among my readers were quick to point out that the War Powers Resolution Act of 1973 gave Trump the power to launch a war without prior congressional approval. What they didn’t say is that the WPRA does say that the President only gets up to 60 days to wage war before Congress weighs in. And if Congress refuses to approve his actions, he must stop the war.
Well, the 60 days have come and gone. On the 60th day, Trump told Congress the war was over, and therefore, to seek congressional approval was no longer necessary.
But is the war really over?
Trump said he had ended the war with a “ceasefire,” although we know that neither the United States nor Iran has ceased to fire at each other. Meanwhile, the United States and Iran are conducting a seemingly intractable debate on the fate of Iran’s nuclear weapons program. Trump is demanding that Iran halt its nuclear program for possibly as long as 10 years, and turn over its stockpile of enriched uranium. Iran has indicated a willingness to negotiate the fate of its program and uranium, but has not made the commitments Trump wants. Trump has called Iran’s response “TOTALLY UNACCEPTABLE.”
Which raises the question: What next?
It’s possible Trump may choose to prolong the negotiations in the hope that some mutually agreeable accommodation may be met. On the other hand, he may decide, in order to put more pressure on Tehran to negotiate, to launch a new round of attacks. But would this constitute a new war, or a continuation of the war begun on 2/28?
Trump and his supporters may well argue that new combat operations against Iran would constitute a new war. Under this interpretation, the clock set by the WPRA would be reset and Trump would get a new period of 60 days to wage war without congressional approval.
But to accept this interpretation would set a precedent radically expanding the war making powers not only of Trump but of any future president as well. Were this interpretation to be accepted, Trump could wage war for another 60 days, then declare another cease fire, then launch a “third” war for yet another sixty days, and declare another cease fire, and so on, and so on, for whatever length of time he chooses. The WPRA, designed to stop undeclared wars following Vietnam, would be a dead letter.
No doubt Trump’s supporters would simply say, “So what? His judgment is rock solid sound. He can be totally trusted. Leave him alone and stop trying to limit his great work for peace.” But who among his supporters would be willing to say the same of a past or possibly future President Clinton (either Bill or Hillary)? Or a President Obama? Or Biden? Or Harris? Or Newsom? All future presidents could say that if Trump could do it, so can they. The precedent has been more firmly set.
It’s far safer for the future of our political system to consider renewed fighting as a continuation of the war launched on 2/28. To do so would not necessarily force Trump to end the war. But it would force Congress to, at long last, take a stand on the war. Each member of Congress should be required to vote for or against the war and explain his or her decision. Otherwise, why have a Congress?
Of course, Congress may wind up endorsing Trump’s actions. However it votes, it will increase congressional responsibility, reduce the possibility of a future rogue president, and strengthen our Constitution’s foundational principles of separation of powers and checks and balances.
Malcolm L. Cross has lived in Stephenville since 1987 and taught politics and government at Tarleton for 36 years, retiring in 2023. His political and civic activities include service on the Stephenville City Council (2000-2014) and on the Erath County Republican Executive Committee (1990-2024). He was Mayor pro-tem of Stephenville from 2008 to 2014. He has served on the Board of Directors of the Stephenville
Economic Development Authority since 2018, and as chair of the Erath County Appraisal District’s Appraisal Review Board since 2015. He is also a member of the Stephenville Rotary Club, the Board of Vestry of St. Luke’s Episcopal Church, and the Executive Committee of the Boy Scouts’ Pecan Valley District. Views expressed in this column are his and do not reflect those of The Flash as a whole.w
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