More Bark Than Bite: Kaine’s War Powers Resolution is an “Imminent” Failure

We now have a glimpse of the War Powers Resolution promised by Sen. Tim Kaine (D., Va.), which is reportedly scheduled for a vote in the Senate on Tuesday. The resolution purportedly ends all combat operations against Iran … until you reach the very end where there is a hole that you could drive a combat task force through.

I respect members asserting their inherent constitutional authority. I have long criticized the lack of declarations of war as demanded by the Framers. We have not had a formal declaration of war since World War II. However, courts and Congress have long deferred to presidents in the conduct of such operations.

I represented congressional members challenging the Libyan war operation launched by President Barack Obama. Most Democratic members were entirely silent when Obama (and President Joe Biden) exercised such authority against different countries. Notably, the Libyan operation clearly sought regime change without an imminent threat to the United States. Some of those members are now the loudest condemning President Donald Trump in this operation.

This resolution shows how presidents can easily box in Congress once combat operations begin.

The resolution boldly declares “Congress hereby directs the President to terminate the use 14 of United States Armed Forces for hostilities against the 15 Islamic Republic of Iran or any part of its government 16 or military.”

However, at the very end, the resolution has this line: “Nothing in this section shall be construed to prevent the United States from defending itself from imminent attack.”

As I wrote this week, the problem with such resolutions is that they are effectively meaningless in the context of full combat operations against a nation: “Kaine and others insist that hostilities were not imminent when we attacked. Even if that were true, they are now.”

In these circumstances, it would be nearly impossible to limit the war powers of the President without putting American personnel or allies at risk.  After decapitating the leadership in Iran, Iranian assets are clearly operating under prior orders in a decentralized structure. The United States is now seeking to neutralize any assets that it can find in preemptive attacks while trying further to degrade the command structure and military capacity of the Iranian government.

As I wrote earlier:

“The choice now for Democrats is either a senseless or suicidal resolution. It can either resolve to end hostilities as soon as practically possible (an objective already stated by the Administration) or it can actually seek to limit the Administration’s options amid full-fledged war.”

This is the senseless option. All threats from Iran are now “imminent,” and all attacks are arguably preemptive. So what does this actually do?

Here is the resolution: Iran War Powers Resolution

44 thoughts on “More Bark Than Bite: Kaine’s War Powers Resolution is an “Imminent” Failure”

  1. FDR knew all about the Japanese naval force sailing toward Hawaii and did nothing.

    He knew he had no authority to start a war because war must be declared by Congress.

    1. American intel went on leave while Israeli intel secretly put together the people, planes, and “lift” shafts loaded with high explosives in the Twin Towers on September 11.

    2. This is the kind of left-wing lunacy/fantasy that actully passes for truth in the fever-swamps of the American left these days.

  2. By the time a threat is imminent, not only does one know, but one’s adversary knows one knows. The element of surprise and advantage has been forfeited. I commented yesterday on ‘Citizen Kaine’ and the useless tools who raised him to high office and continue to do so. His appearance on a broadcast Sunday was classic Kaine, a cacophony of disinformation, obfuscation, and fabrication. Regrettably, there is no vaccine to prevent stupidity. If there were, Kaine and his wretched minions would refuse it. Do not send to know who was elected. Rather send to learn who voted. Therein lies the rub.

  3. Al-Aqsa Flood did create a tsunami, but it washed Iran’s proxies away from Israel’s borders, and ended up drowning Khamenei — and possibly the regime itself.

    https://www.timesofisrael.com/sinking-irans-proxies-sinwars-al-aqsa-flood-left-khamenei-high-and-dry/

    P.S. “Al Aqsa Flood” was the name given by Hamas to its October 7 invasion. Al Aqsa is the mosque in Jerusalem, and Hamas’s goal was to eliminate Israel and esteablish control over Jerusalem.”

  4. The British controlled military industrial complex must be eliminated. The two party system, divide and conquered anti or Republic must be eliminated.

  5. Trump appeared today with a nasty looking red rash on his neck.
    It doesn’t really look like shingles because there are no fluid filled blisters. It also looks like the outer skin is peeling away, again not typical of shingles

    Red rashes like this, where there is peeling of the skin, are a common side effect of the medication galantamine.
    Galantamine is used to treat Alzheimer’s dementia

    1. Aw, poor liberals. They’re filled with fury today, because America and the cause of freedom are winning. They hate America and prefer tyranny and death over life and liberty. They are filled with fury because they know their time is short.

    2. …writing like this is evidence of those who slept at a Holiday Inn the previous night…

    3. Re: “Galantamine is used to treat Alzheimer’s dementia” It is often used, off label, to treat mild cognitive impairment. Additionally, there are a host of maladies which can present with the physical signs you’ve observed. Don’t assume the dive pool is full simply because there’s water in it.

  6. Just so much noise. And half-hearted at that. The Constitution grants the power to declare war to Congress. the power to defend our nation to the president. When called into service the president is to be Commander in Chief, Congress has no authority to order them from hostilities. Tim Kaine is another rather bizarre individual, isn’t he? Personally, I’d be embarrassed by such a lackluster production.

    1. Trump isn’t “defend{ing} “our” nation because Iran wasn’t a threat to our nation, according to Rubio, who admitted they weren’t building a nuclear weapon, did not have an ICBM, and were negotiating in good faith for a resolution. Trump upped the demands by insisting that they not have any kind of ballistic missile defense system–knowing that this was a non-starter, because Iran would be a sitting duck for Israel or other enemies to bomb it if they didn’t have missiles. It had to be able to defend itself with a conventional weapon. Whiskey Pete claims the attack was not about regime change–which would be impossible anyway because the Iranian Revolutionary Guard has all of the weapons and not all of the Iranian people want the theocracy abolished. The exalted leader has always been a bad guy–so why did Trump bomb now? The answer is easy: Trump told us, when Obama was President, that starting a war is good politics. Trump set a record for low approval ratings. Trump is defending himself against the ever-growing demand that the full Epstein files be disclosed, after information came out about his alleged abuse of a 13 year old girl that Pammie Jo has been hiding at his command. Then, there’s his diasterous lie-filled SOTU primetime show, complete with prizes for members of the military, his need to pay back wealthy Jewish campaign donors who want Americans to bleed and die while attacking Israel’s enemies, paying back UAE for the $2B purchase of Trump’s cryptoscam, paying back Qatar for the flying palace, and paying back Saudi Arabia for the $2B bail out of Kushner’s debts. Qatar, UAE and Saudi Arabia are Iran’s main rivals in the area. There are reports that the murderous head of Saudi Arabia, MBS, (who murdered US-based journalist Jamaal Khashoggi) was consulted before the attack, and was very supportive. However, none of our allies were contacted, nor was Congress–our representatives with the Constitutional power to declare war. Congress was poised to vote against this war, so he had to hurry up and get it going before the cash was cut off. They can’t even come up with a consistent story about the reason we’ve now lost several members of our military, millions of dollars worth of equipment and the deaths of innocent Iranian school girls and their teachers. They didn’t have any stated, consistent or logical objective, they can’t define success, don’t have an end game in mind, but Trump did host a fundraiser at his golden palace by the sea while Iranian school girls were blown to bits and burned to a crisp. Hey, but don’t worry, Trump says he’s going to get a “good deal” out of all of the deaths. Yeah, Tim Kaine is the problem here. And, polls prove the majority of Americans are opposed to this and Trump.

  7. If we ever needed evidence that Trump is suffering from dementia, just like his father, consider the following excerpt from his address today concerning the attack on Iran.
    This was the first public statement from a President who has just initiated a major Middle East war.
    Surely an occasion for solemnity and reflection on the possible outcomes of such a major development.

    Instead Trump drifts off into a rambling, incoherent rant about the new ballroom as follows verbatim:

    “In this beautiful building, isn’t it? We’re adding on to the building a little bit. Beautiful? We’re improving the building. See that nice drape? When that comes down, right now, you see a very, very deep hole. But in about a year and a half from now, you’re gonna see a very, very beautiful building.”
    “In fact, it looks so nice, I don’t think I’ll even, I think I’ll save money on the doors because it can’t get more beautiful than that,” he continued. “I picked those drapes in my first term. I always like gold. But I think we can save a lot of money. I just saved curtains. But, and it will be, it’ll be spectacular. It’ll be the most beautiful ballroom. I believe it, because I built many a ballroom. I believe it’s going to be the most beautiful ballroom anywhere in the world.”

    “And when you hear all that hammering out there, you know why the first lady is not thrilled exactly. She said, will the pile drivers ever stop? You know, they go from 6 in the morning till 11.30 in the evening. Can you imagine? Here? You know what? To me, that’s a beautiful sound. She doesn’t like it. I love it.”
    “But when I hear that sound, that beautiful sound behind me, it means money, so I like it,” he added. “But my wife isn’t thrilled. She said, this is getting crazy. I said, don’t worry about it. We’ll be all finished up in a few months.”

    1. Trump is doing exceedingly well in accomplishing his goals, which would be impossible for someone with dementia. Trump’s fervent critics, like yourself, who evidently cannot apprehend that reality, are suffering from psychosis.

  8. Taking out Khamenei is equivalent to curing cancer. Left to his own devices he would eventually have had a nuke, which he would have used exactly 10 seconds after acquiring it.

    Sane people have known for quite some time that if Trump cured cancer the Democrats would hate him for it. Today’s anti-Trump comments, both in the nation as a whole and here on this blog, are proof they were right.

  9. so iranians voting in US election because NO ID is required…fine?
    But Democrats insist that Iranains can murder women?

  10. weird how the Republicans lead the Senator Thune of the supposed GOP…vote for Democrat Priorities.

    Can the Republicans appoint at least 1 actual republican?

  11. The fact is that this new bill, the Iran War Powers Resolution, is nothing more than part of the Democratic “stop Trump campaign.” In this case the delivery boy is Tim Kaine, not terribly tainted by TDS, and therefore may be considered more serious. There are few countries on Earth sorry to see the Iranians fall from power aside from China and Russia, together with the American Democratic party, though all having similar motives.

    1. Kaine was one of the fathers of Obama’s unratified “deal” allowing the mullahs to make nuclear weapons after he left office and shipping them pallets of US cash they used to fuel other conflicts in the Middle East. So yes, he is tainted.

  12. Dear Prof Turley,

    Timely, pertinent article.

    There is no ‘shared’ constitutional responsibility for declarations of war. Congress declares war. The President, as Commander in Chief, executes the war. .. hopefully within the bounds of wise discretion!

    I would suggest any ‘discretion’ a President may have for the use of military force be limited to direct ‘attacks’ upon the U.S. (i.e. ‘defensive’) .. . rather than some perceived notion of a ‘threat’ (i.e. ‘aggressive’).

    The U.S. is not under attack .. . on the contrary, the U.S. is attacking Iran.

    If congress does not have the authority to restrict Trump’s discretionary aggressive use of military force . .. who does?
    [special note. I wouldn’t count on the useless&worthless Democrats!]

    *I’m pretty sure Trump is in direct violation of the UN Charter .. . if that means anything.

    1. Iran declared war on the US during the Carter Administration when they stormed the US Embassy in Tehran and took hostages. They or their proxies have been waging an asymmetrical, mostly unanswered war ever since.

    2. I’m pretty sure Trump is in direct violation of the UN Charter .. . if that means anything.

      I doubt that. And even if it’s true, like you say, it is meaningless. Only the laws of the United States are relevant, not some international body of corrupt antisemitic thugs and tyrants. But I can understand how woke, antisemitic globalists would want to fantasize about the UN actually meaning something.

  13. The thrill Trump gets from having people blow up and kill other people, and from watching other people fight at UFC, comes from deep insecurity rooted in his personal cowardice.
    It makes him feel tough. It makes him feel adequate.
    Things he has never been, but always wanted to be.

    It’s called Tiny Penis Syndrome.
    A defining syndrome in the MAGA cult and the regulars here.

    1. Trump doesn’t seem to have had trouble fathering children and MAGA Republicans tend to have larger families. Leftists tend to have trouble finding mates (who wants to be married to a soyboy or a scourge), let alone reproducing, and to abort any children they have.

      1. Good points Kevin. Leftists also abort their kids more often. They know they are committing demographic suicide, so their solution is to take over public schools, universities, and media organizations, infusing them with leftist propaganda and corrupt/racist ideologies like CRT, thereby making liberal-left wackos out of the kids of conservative parents. Not to mention erasing America’s southern border.

  14. Today, Turley cranks out not one, not two, not three, but FOUR MAGA propaganda screeds.

    Clearly his overlords at Fox and NY Post are getting a little concerned about the fiasco that is Donald Trump.
    Clearly Rupert Murdoch and his minions see the writing on the wall, and Turley is now under orders to deflect and obfuscate and muddy the waters with irrelevancies as much as possible, to keep the MAGA mob agitated.

    We also have to consider the possibility that Turley does not actually write this garbage, something that I have long suspected ever since I caught him last year posting a piece that was simply cut and pasted from The College Fix.

    There can be little doubt that Turley uses ghost writers from Fox, NY Post, and The College Fix.

  15. The Democrat members of Contress (Note: I did not say Democratic) are obsessed with their hatred of Trump and cannot bring themselves to even consider any action he takes has having any effect at all. Many consider everything Trump does as unconstitutional.

  16. The only possible threat from Iran would be terrorist attacks in this country Their military is not capable of attacking the United States. Neither is anyone else’s except Russia. However, Kaine is a failed vice-presidential candidate who is grandstanding for political purposes. Democrats will vote for it and Republicans will oppose it and if there’s a tie, Vance will break it. Personally, I am opposed to the damn war and think Trump made a hugely mistake this time that is going to cost conservatives in the future big time. I live in Texas and there’s a good chance the Democrats might actually elect a senator now. I fear for the United States.

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