By Micah Jonah
January 11, 2026
US President, Donald Trump has raised questions about the constitutionality of the 1973 War Powers Resolution after ordering military action in Venezuela to capture President Nicolás Maduro, prompting pushback from lawmakers.
In a January 8 post on Truth Social, Trump stated he has the authority to act unilaterally and called the War Powers Act “unconstitutional, totally violating Article II of the Constitution, as all Presidents, and their Departments of Justice, have determined before me.”
The War Powers Resolution requires the president to report to Congress within 48 hours of deploying armed forces into hostilities and to withdraw troops within 60 days unless Congress approves. An additional 30 days is allowed if the president deems it necessary to end operations in an emergency. Presidents have historically followed the act inconsistently, often framing congressional updates as requests for “support” rather than formal permission.
Following Trump’s Venezuela operation, the US Senate advanced a resolution to limit further military actions in the country without congressional approval, with bipartisan support from five Republicans and Democrats. However, passage remains uncertain as it would require Trump’s signature, and the Republican-controlled House may resist.
Since the Constitution assigns Congress the power to declare war, a power last exercised at the start of World War II – presidents have generally used their role as commander-in-chief to initiate military action without formal declarations. Historical precedents, including the 1964 Tonkin Gulf Resolution during the Vietnam War, show longstanding tension between presidential authority and congressional oversight.
Courts have repeatedly avoided ruling on the War Powers Resolution’s constitutionality. Between 1973 and 2012, the Congressional Research Service identified eight judicial decisions involving the act, none of which issued binding opinions, often citing lack of standing to sue.
Trump’s statements continue a decades-long debate over the balance of war-making powers between the US presidency and Congress, with no definitive judicial resolution.
