Congress Greenlights Illegal War
On February 28th, 2026, the United States and Israel launched a joint military campaign against Iran — codenamed Operation Epic Fury by the US — without a declaration of war, without a congressional authorization for use of military force, and without so much as a phone call to congressional leadership before the bombs fell. This week, Congress had two chances to invoke the War Powers Act and assert its constitutional authority. Both chambers declined.
What Happened
On February 27th, aboard Air Force One en route to Texas, Trump ordered the airstrikes to begin. The following morning, US and Israeli forces hit Tehran, Isfahan, Qom, Karaj, and Kermanshah, bombing 24 of Iran's 31 provinces. Among the targets was Supreme Leader Ali Khamenei, who was killed, along with members of his immediate family. Trump's stated objective was regime change, yet his cabinet has offered multiple conflicting reasons to include preemptive defense of Israel, preemptive defense of the US, and interruption of a nuclear program.
Trump sent a War Powers Resolution notification to Congress only after the strikes were already underway. Notification is not authorization. Article I of the Constitution is unambiguous: Congress holds the power to declare war. This is not a gray area, as legal experts across the political spectrum have stated plainly.
Incredibly, this is the eighth War Powers vote Congress has taken since June 2025! Every single one has failed.
A school was hit by US bombs, and well over 100 children were slain. Claims of this site being targeted by the ruthless "double tap" tactic, with a second delayed strike aimed at the rescuers and survivors, have not been substantiated.
The Senate: 47–53
On March 4th, the Senate voted on a resolution introduced by Sen. Tim Kaine (D-VA), co-sponsored by Minority Leader Schumer (D-NY) and Sen. Schiff (D-CA), to direct the removal of US armed forces from hostilities in Iran unless explicitly authorized by Congress. It failed 47 to 53.
Every Republican voted against it, with one exception: Sen. Rand Paul (R-KY) was the sole Republican to vote in favor of reining in the president's illegal actions.
On the Democratic side, every senator voted in favor — with one exception. Sen. John Fetterman (D-PA) crossed the aisle to vote with the GOP and block the resolution. Fetterman stated publicly: "Yes, I'm the only Democrat [who supports the strikes], because I'm not afraid of my base to just say, 'You know what? This was overall a good thing.'"
Fetterman and his Pennsylvania colleague Sen. Dave McCormick (R) voted together to help kill the measure. Fetterman is making a name for himself as a regular guest on FoxNews and appears to be functionally caucusing with the GOP as of 2026.
The House: 212–219
On March 5th, the House voted on H.R. 38 (Roll Call 85), directing the President to remove US forces from unauthorized hostilities in Iran. It failed 212 to 219.
Most Democrats voted in favor of the resolution; almost every Republican voted against it. Two Republicans broke with their party to vote yes:
- Thomas Massie (KY)
- Warren Davidson (OH)
Four Democrats broke with theirs to vote no, siding with the Republican majority to let Trump's unconstitutional war continue:
| Name | State |
|---|---|
| Cuellar | Texas |
| Golden (ME) | Maine |
| Landsman | Ohio |
| Vargas | California |
If you consider the vote with a united Democratic party, it would have been a narrow win in the House at 216 to 215!
Excruciatingly strategic defections, leading to an incredibly narrow defeat in the House. Historians will find much to study when this chapter of US history is dry and distant.
Repeat Offenders
Two of these four names will be familiar to readers of this site.
Henry Cuellar (TX-28) voted to table the June 2025 impeachment motion (HR 537) following Trump's first round of Iran strikes. He also voted with the GOP on the December 2025 impeachment motion (HR 939). On December 3rd, 2025 — eight days before that HR 939 vote — President Trump issued Cuellar and his wife a full and unconditional pardon, wiping away a 12-count federal indictment for bribery, money laundering, and conspiracy involving nearly $600,000 in alleged bribes from a foreign government and a Mexican bank. Cuellar's consistent voting pattern in support of Trump's agenda is not subtle. A healthy Democratic party would have ejected him from office by now.
Jared Golden (ME-02) also voted to table HR 537 in June 2025. He has now voted twice to enable Trump's unauthorized military actions against Iran. His motives are not as easily inferred as Cuellar's, so something has yet to come to light regarding his consistent support for a rogue executive.
Context
The constitutional issue here could not be more foundational. The War Powers Resolution of 1973 exists precisely to prevent a president from unilaterally starting and sustaining a war. Congress has the authority and the sworn obligation to invoke it. Yet since Trump retook office and began warmongering in earnest, there have been eight attempts. And there have been eight failures.
The Democratic Party's leadership has consistently framed inaction as strategy, arguing that symbolic votes hurt their electoral prospects. The four Democratic members who voted against this resolution went further than inaction: they voted affirmatively to allow this war to proceed.
There is nothing strategic about a Democratic representative handing a lawless president the political cover of bipartisan support for an unconstitutional act of war. These members are not playing a long game. They are collaborating.
Sources
- NPR — Iran strike launched without congressional approval
- PBS — US and Israel launch major attack on Iran
- CNN — Legal experts skeptical of Iran strikes
- NPR — Khamenei killed in US-Israeli strikes
- Senate Roll Call Vote #46 — War Powers resolution
- Washington Post — Senate rejects War Powers resolution
- CNN — How each senator voted
- House Clerk — Roll Call 85, H. Con. Res. 38
- CNN — How each House member voted
- The Hill — The 4 Democrats who opposed the resolution
- ACLU — Can Congress stop Trump's illegal war against Iran?
- Texas Tribune — Trump pardons Henry Cuellar
- PBS — Trump pardons Cuellar in bribery case
