Directing the President Pursuant to Section 5(C) of the War Powers Resolution to Remove United States Armed Forces From Unauthorized Hostilities in the Islamic Republic of Iran

Floor Speech

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Mr. BARR. Mr. Speaker, I thank the chairman for yielding me time.

Mr. Speaker, I rise in strong opposition to this dangerous and misguided War Powers Resolution that would weaken our country and serve as a gift to our enemies.

The radical terrorist regime in Tehran, the world's leading state sponsor of terrorism, has targeted and killed thousands of Americans since 1979. The United States, Israel, and all of our allies are safer because the Ayatollah is dead.

Since the taking of our hostages from our embassy in 1979 to the infamous 1983 Beirut barracks bombing that killed 241 U.S. Marines, to the attack on the USS Cole that left 37 Navy sailors dead, to the maiming and killing of thousands of U.S. military members during the global war on terrorism, the Iranian terrorist regime has always posed a grievous threat to the United States. Operation Epic Fury is neutralizing that threat, and it has been a tremendous success.

President Trump promised that Iran can never obtain a nuclear weapon. He is acting on that promise to make the world a safer place, and he is complying with the law in doing so, not just in complying with the notification requirements of the War Powers Resolution, not only through the consultation provisions, and not only with routinely updating Congress, but also under the Commander in Chief powers.

As a legal matter, the President of the United States doesn't need the permission of Congress to engage in hostilities to protect the American people. The Commander in Chief Clause gives the President the exclusive power to command the military in operations approved by Congress, and it also gives the President substantial independent power to direct military operations, so long as the President does not infringe on the exclusive powers of Congress.

What are the exclusive powers of Congress? The declaration power--we have been silent on that--and appropriations, the power of the purse. This Congress has appropriated funds to defend the country, and we increased appropriations through the reconciliation bill this year.

The NDAA is the policy of this Congress, which identifies Iran as a threat to our country. The Constitution was clear that Congress has the sole authority to declare war, which changes the legal status of the country. Yet, the Framers did not think that the language meant that the President and Congress have to work together all of the time to turn the keys of the war power.

The Founders were practical men. They understood that Congress is slow to act, and Alexander Hamilton argued in Federalist 70 that energy in the executive is essential for national security, unity, secrecy, dispatch, and decision, and he contended that a single President is vital for defending the country.

Mr. Speaker, Congress' real power is not just the declaration power. It is the power of the purse. If my friends want to constrain the President, they have the authority to do it through the appropriations process. They do not have the constitutional authority to constrain the President from defending this country and defending our national security, advancing our national security, and ridding the world of this menace.

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