08.05.2026 - 07:26 [ Just Security ]

The Court Gutted Congress’s War Power. It’s Time to Give It Back.

The War Powers Resolution of 1973 was designed to restore the constitutional balance in decisions to commit the United States to armed conflict. Its central provision — a legislative veto enabling Congress to direct the withdrawal of American forces by concurrent resolution — was cast into legal doubt by the Supreme Court’s 1983 decision in INS v. Chadha. But Chadha was wrongly decided, its reasoning is exceptionally weak, and the Court’s subsequent embrace of functionalism in separation-of-powers cases has left it incoherent as precedent. As the United States drifts deeply into a congressionally unauthorized war with Iran, the case for overruling Chadha, or at minimum limiting it to its facts, has never been stronger.