"We are in a ceasefire, and that means the '60-day clock' will be paused or terminated", US Secretary of Defense Pete Hegseth told Senator Tim Kaine on april 29 during a hearing before the Senate Armed Services Committee, referring to the attack campaign against Iran.

Hegseth also referenced the War Powers Act, passed by the US Congress in 1973, which stipulates that the president has 60 days to end a military campaign if it is not approved by Congress. This legal "clock" began on march 2, when President Donald Trump notified Congress of the operation in Iran, and the 60-day deadline ended on may 1.

"I do not believe the act supports that interpretation", Senator Kaine responded, warning that the Trump administration faced a serious legal issue.

This debate once again focused attention on the War Powers Act within US politics. More than half a century after its passage, it remains the clearest legal instrument Congress uses to restrain the president's war powers.

President Donald Trump in West Palm Beach, Florida, on may 1. Photo: AP

The US Constitution grants Congress, part of the legislative branch, the power to declare war, appropriate funds, and establish the legal framework for military use. Meanwhile, the president, as head of the executive branch, serves as commander-in-chief, directly commanding the military and responsible for rapid responses to national security emergencies.

However, this separation of powers includes a "gray area" that many US presidents have exploited to launch campaigns without congressional approval. To maintain the legislative branch's role, Congress passed the War Powers Act in 1973, aiming to limit the president's authority in overseas conflicts.

Under the act, the president can activate US forces in specific situations, including "a national emergency created by an attack upon the United States". The act emphasizes that the president must report to Congress within 48 hours "from when US armed forces are involved in hostilities".

Following this, Congress has a 60-day period to review and approve the operation. If Congress does not approve, the president must terminate the operation. The law allows the president an additional 30 days, but only for the safe withdrawal of troops, not for expanding the campaign.

Theoretically, this represents a significant limit on executive power, as the act establishes a "legal clock" to compel the White House to seek congressional backing to prolong a conflict. However, decades of practice indicate that the act struggles to act as a strict barrier for US presidents.

On march 26, 1999, President Bill Clinton sent a letter to Congress informing them of his decision two days prior to involve the US in NATO's campaign against Yugoslavia. He noted the difficulty in predicting how long the campaign would last.

Both houses of Congress subsequently voted multiple times on resolutions to approve or reject Clinton's decision in march-april 1999, but no measure passed. NATO concluded the operation after 78 days, meaning Clinton exceeded the stipulated timeframe.

Republican Representative Tom Campbell filed a lawsuit against Clinton for violating the War Powers Act. A federal court dismissed the case, ruling that members of Congress lacked sufficient legal standing for the court to hear it, thus not issuing a judgment on whether Clinton had broken the law.

In march 2011, President Barack Obama deployed US troops to participate in NATO's campaign against the Libyan government under Muammar Gaddafi. He also did not receive prior congressional approval for this decision.

President Obama continued US military operations in Libya even after the 60-day mark. His administration argued that the campaign did not constitute "hostilities" as defined by the act, because there was no sustained combat and the US did not deploy ground forces.

On february 28, the US, in coordination with Israel, attacked targets in Iran without congressional approval. President Trump informed Congress on march 2 that he initiated the campaign under constitutional authority to protect US citizens, national interests, and advance US security and foreign policy goals. This phrasing was also used by Clinton and Obama.

"I appreciate congressional support for this action", Trump wrote.

The US and Iran reached a ceasefire on april 7, Washington time, and have extended it for negotiations. This forms the basis for the Trump administration's alternative interpretation of the "60-day clock", which theoretically expired on may 1.

Bruce Fein, an expert in international law and US constitutional law, told Al Jazeera that the War Powers Act "does not mention anywhere that the 60-day clock stops if there is a ceasefire". Fein noted that accepting such an argument would render the act a "paper tiger".

"I am not sure how many people would accept that argument", Scott Lucas, a professor of US and international politics at the Clinton Institute, UCD, Ireland, commented to the Washington Post. "The issue could become complicated if the US resumes airstrikes or deploys ground troops".

The US Capitol building in Washington, D.C., in february 2025. Photo: AP

Congress has yet to pass a resolution approving the conflict with Iran and has not announced a plan of action now that the deadline has passed. Time magazine reported that Democrats are considering options to sue Trump if the president continues the conflict.

Democratic lawmakers have repeatedly proposed draft resolutions to limit Trump's war powers to end hostilities, but these have failed due to Republican control of both houses. Senate Republican leader John Thune stated he would carefully consider his party's interests before acting.

A decision supporting the conflict could alienate US voters from the Republican party in the november midterm elections. A Reuters/Ipsos poll released this week showed that only 34% of US voters supported a conflict with Iran. The forecasting model from election analysis platform Silver Bulletin indicated support for the conflict at 38,4% and opposition at 54,8%.

Meanwhile, the White House stated that the Trump administration was "actively engaging with Congress" on the matter, while warning lawmakers not to "score political points by usurping the powers of the commander-in-chief".

Nhu Tam (According to Washington Post, Conversation, Al Jazeera)