"The War Powers Resolution, enacted in 1973 over President Nixon’s veto, was designed to reassert Congress’ constitutional role in authorizing military action while regulating the president’s conduct in those circumstances where the Executive claims constitutional authority to introduce U.S. forces into hostilities," they wrote.
They added that there is nothing in the resolution that gives an automatic authorization for the use of force or consultation with Congress. Those are in "additional statutory requirements," and all presidents must follow them when using the resolution.
But there's another law that Trump will begin violating on Monday, Ingbar noted on Bluesky.
Co-editor-in-chief Ryan Goodman said on Bluesky, There's "no way around this."
"Within 60 calendar days after a 48-hour report is submitted (or was required to have been submitted) on the introduction of U.S. armed forces into hostilities or imminent hostilities, the President shall terminate any such use of the armed forces unless Congress (1) has declared war or enacted a specific authorization for such use of force; (2) has extended by law the 60-day period; or (3) is physically unable to meet as a result of an armed attack on the United States," the writers said citing the law.
They noted that neither has happened.
Trump can extend it for 30 days, but only if Trump tells Congress that "unavoidable military necessity respecting the safety of the United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces."
As the writers surmised, the "prompt removal" requirement might be the reason Trump hasn't "made this certification." If he did, the law would mandate Trump "terminate the use of U.S. armed forces in hostilities against suspected narcotraffickers in the Caribbean and eastern Pacific by Monday, 60 days after the September 4 report was submitted."
They don't expect Trump to follow the requirement, however. Instead, after Trump and Secretary Pete Hegseth "made very clear" the bombing of the boats would go on. Trump even went so far as to order the U.S.S. Gerald Ford to the Caribbean off the coast of Venezuela.
"We should note that, to our knowledge, no additional 48-hour reports have been submitted since September 4," Thibodeau and Ingber added a disclaimer.
Thus far, lawmakers have been willing to cede some of their budget-making power to the executive branch. Some members are starting to step up to contest Trump, taking over their other primary responsibility.
The next steps for Congress "can include classified briefings and holding open hearings to press administration officials on their legal theories, including specific questions on why the 60-day clock does not require the strikes against suspected narcotraffickers to end," they wrote. The problem, however, is that the government is shut down and Speaker Mike Johnson (R-LA) won't recall Republicans to Washington. It would leave the responsibility to the U.S. Senate, which is also run by Republicans. The majority leader, Sen. John Thune (R-SD), has been largely unwilling to stand up to the administration, NPR characterized.
Congress could "work on the joint resolution that recently narrowly failed in the Senate by a 48-51 vote should continue, on a bipartisan basis, to pass a joint resolution that reasserts Congress’ rightful role," they suggested.
They closed by suggesting "it is quite possible that members of Congress have grown to rely on those internal constraints and have lost their muscle memory to check the President themselves."
Read the full report here.
