The Senate passed on Tuesday a concurrent resolution directing the president to cease military action in Iran or seek congressional approval by a 50–48 vote. The House passed the same resolution earlier this month.
Four Republicans crossed the aisle to support the resolution: Senators Rand Paul (KY), Susan Collins (ME), Lisa Murkowski (AK), and Bill Cassidy (LA), who was recently primaried by a Trump-endorsed candidate. Senator John Fetterman (PA) was the only Democrat to vote against the resolution in the senate.
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The absence of Senators Mitch McConnell (R-KY) and David McCormick (R-PA), allowed the resolution to pass through the chamber.
The concurrent resolution, which does not proceed through the White House, faces legal ambiguity following a Supreme Court’s 1983 ruling that found them nonbinding. Previous war power resolutions made use of joint resolutions, which are vulnerable to presidential vetoes but unambiguously binding. Democratic critics allege that the concurrent resolution is binding as the Constitution grants congress the power to declare war.
The last time the War Powers Act of 1973 was invoked by both chambers was a 2020 joint resolution attempting to halt operations against Iran following the killing of Iranian General Qasem Soleimani. President Donald Trump vetoed that resolution.
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