Is the US War Powers Act unconstitutional, as President Trump says?

Lawmakers push back after Trump claims the War Powers law is unconstitutional following US military action in Venezuela.Published On 11 Jan 2026After President Donald Trump’s unilateral decision to use the United States military to capture Venezuelan leader Nicolas Maduro, some lawmakers criticised him for ordering it without any authorisation from Congress.Trump, in a January 8 Truth Social post, said he has the power to do that and questioned the constitutionality of a related law.Recommended Stories list of 3 itemslist 1 of 3Analysis: Why Venezuela’s military holds the key to country’s futurelist 2 of 3Trump meets US oil bosses to discuss Venezuela extractionlist 3 of 3How Trump & Co sold the attack on Venezuelaend of list“The War Powers Act is Unconstitutional, totally violating Article II of the Constitution, as all Presidents, and their Departments of Justice, have determined before me,” Trump wrote.But Trump went too far by calling the 1973 War Powers Resolution unconstitutional. Courts have repeatedly declined to rule on its constitutionality.Within days of the Venezuela operation, the US Senate advanced a resolution to limit further military operations in the Latin American country without congressional backing, with five Republicans joining Democrats in supporting it. But this measure has little chance of being enacted, since it would need Trump’s signature if the Republican-controlled House passes it, which is uncertain.For decades, presidents and Congress have battled over who has the institutional power to declare war.The US Constitution assigns Congress the right to declare war. The last time Congress did that was at the beginning of World War II.Since then, presidents have generally initiated military action using their constitutionally granted powers as commander-in-chief without an official declaration of war.In August 1964, President Lyndon B Johnson asked Congress to back his effort to widen the US role in Vietnam. He received approval with the enactment of the Tonkin Gulf Resolution, which easily passed both chambers of Congress.