Week Five. No Vote.
Here's what we know: there are more than 50,000 American troops deployed in connection with "Operation Epic Fury." Marines and elements of the 82nd Airborne are arriving. These are ground-capable forces — not advisors, not a show of presence. And since the operation began five weeks ago, the President of the United States has made more than twelve public statements suggesting a deal was close, victory was imminent, or Iran was about to fold. [1] Here's what we also know: Congress has not voted. Not once. Not a resolution, not an authorization, not even a public hearing with actual stakes. The most significant military escalation in the Middle East in years is happening, right now, on the constitutional equivalent of a sticky note.
This is not a partisan observation. It's a constitutional one. Article I, Section 8 of the Constitution — you know, the document everyone suddenly becomes very passionate about when they need a textualist argument — gives Congress the power to declare war. The War Powers Resolution of 1973 requires the President to notify Congress within 48 hours of committing forces to armed conflict, and mandates congressional authorization within 60 days or withdrawal. We're now past that window. [2] There's a school of thought — popular in certain editorial quarters — that cares enormously about the precise historical meaning of constitutional text when it applies to immigration. Fascinating how that interpretive rigor tends to go quiet the moment someone raises Article I and the words "declare war." The Founders were actually pretty clear on this one: they had just finished a war against a king who could unilaterally commit a nation to military campaigns, and they deliberately put the war power in Congress. You don't need to parse an 1868 Senate floor debate to figure that out.

