On the recordMarch 4, 2026
James Madison wrote to Thomas Jefferson in 1789: ``The Constitution supposes, what the history of all governments demonstrates, that the executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war in the legislature.'' The Constitution is clear. Article I, Section 8, Clause 11 of our Constitution provides Congress initiatory powers for war. Article II, Section 2, Clause 1 of our Constitution gives the President operational powers of war to wage that war. Even if this body were to pretend that the 1973 War Powers Resolution supersedes the clear language of the Constitution, the President still has not met the conditions required by that law itself. The 1973 War Powers Resolution states plainly that the President may only introduce U.S. Armed Forces into hostilities pursuant to three conditions: one, a declaration of war; two, specific statutory authorization; or, three, a national emergency created by an attack upon the United States. None of those conditions exist today. Iran has not attacked the United States, Congress has not declared war, and Congress has not granted specific statutory authorization. Beyond the constitutional question here lies an even more important one: Why are we going to war with Iran? We owe our military servicemembers a clear mission.…
Source
govinfo.gov




