‘Unconstitutional’: House Speaker thinks Congress can’t limit Trump’s war powers

After several lawmakers backed war power resolutions to check President Donald Trump’s ability to declare war – a power constitutionally reserved for Congress – Trump ally and House Speaker Mike Johnson (R-LA) said Tuesday that he believes such checks themselves are “unconstitutional."

“Many respected constitutional experts argue that the War Powers Act is itself unconstitutional," Johnson told reporters, per Axios. “I'm persuaded by that argument. They think it's a violation of the Article 2 powers of the commander in chief. I think that's right."

A total of 49 members of Congress – 48 Democrats and one Republican – have backed a war power resolution filed by Sen. Tim Kaine (D-VA) to halt Trump’s ability to further escalate the conflict with Iran, which was struck last weekend with several 30,000 bunker buster bombs to cripple the country’s nuclear capabilities.

Several lawmakers, largely Democrats, have pushed back against the Trump-ordered strikes on Iran as being unconstitutional, including Senate Minority Leader Chuck Schumer (D-NY), who on Tuesday slammed the Trump administration for keeping members of Congress in the dark, as well as for postponing a classified briefing on the attack.

“Shortly before the action occurred, or during it, we're not sure which, they called me up and said, ‘we're taking imminent action, can't tell you what country,’” Schumer said, reported Punchbowl News reporter Max Cohen. “I said, ‘Can you give me some details?’ They said no.”

With the U.S. Senate poised to vote on the war power resolution as early as Wednesday, and another war power resolution filed by U.S. Rep. Thomas Massie (R-KY), Johnson poured cold water on the idea of giving either resolution any sunlight, dismissing Massie’s resolution as a performative measure, and defending Trump’s ability to order military strikes under Article 2 of the Constitution.

“The strikes on Iran's nuclear facilities were clearly within President Trump's Article 2 powers as commander in chief,” he said. It shouldn't even be a dispute.”