A bipartisan group of senators introduced a bill that would prohibit the United States from expending funds which could lead to war with Iran without express approval from Congress.
The Prevention of Unconstitutional War with Iran Act of 2019 underscores that Article 1, Section 8 of the Constitution of the United States grants Congress the sole power to declare war.
Further, it makes it clear that a preemptive attack against Iran is illegal under both the War Powers Act and the United States Constitution. It also affirms the United States’ ability to respond to an imminent military threat from Iran and defend U.S. citizens who may come under threat of physical harm.
The bill was introduced by Sens. Dianne Feinstein (D-CA), Tom Udall (D-NM), Richard Durbin (D-IL), and Rand Paul (R-KY).
“The calls for war with Iran are ripped straight out of the same playbook that launched us into the failed invasion of Iraq, and Congress must assert its constitutional authority to halt the march to war,” Udall said. “The ongoing saber-rattling inches us closer and closer to conflict, borrowing from the same playbook that launched us into the failed invasion of Iraq, and endangering our national security, jeopardizing our diplomatic interests and alarming our allies. The consequences of war with Iran would be catastrophic, risking the lives of thousands of Americans while squandering our global reputation, with little chance of improving our long-term security.”
Udall added that the only way to stop Iran’s dangerous behavior in the region is with tough diplomacy and working with allies, not threats and reckless aggression.
“Regardless of what political party occupies the White House, I have long argued that Constitution is clear that the power to declare war rests only with Congress. The Founding Fathers were wise to say that any decision to send American troops to war would be up to the elected representatives of the American people, and not the executive branch of government,” Durbin said. “With rising tensions in Iran, this bill would ensure we don’t begin an unconstitutional conflict.”
The bill is co-sponsored by Sens. Patrick Leahy (D-VT), Bernie Sanders (I-VT), Jeff Merkley (D-OR), Martin Heinrich (D-NM), Chris Murphy (D-CT), Ed Markey (D-MA) and Mazie Hirono (D-HI).