PolicyBrief
H.CON.RES. 38
119th CongressJun 17th 2025
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.
IN COMMITTEE

This resolution directs the President to remove U.S. Armed Forces from unauthorized hostilities against Iran, pursuant to the War Powers Resolution.

Thomas Massie
R

Thomas Massie

Representative

KY-4

LEGISLATION

Congress Directs President to End Unauthorized Iran Hostilities, Reasserting War Powers

This Concurrent Resolution is Congress formally saying, “Hold up,” to ongoing military actions against Iran. Essentially, it uses the authority granted by the War Powers Resolution—specifically Section 5(c)—to direct the President to remove U.S. Armed Forces from any hostilities against the Islamic Republic of Iran, its government, or its military.

The Constitutional Check Engine Light

Congress is grounding this action in the Constitution, pointing out that only the Legislative Branch has the power to declare war (SEC. 1). Since Congress hasn't formally declared war on Iran or passed a specific Authorization for Use of Military Force (AUMF) (SEC. 2), the current military engagements are considered “unauthorized hostilities.” Think of this as Congress reminding the Executive Branch that they can’t just keep the war machine running without the proper sign-off. For the average person, this is a big deal because it’s a direct move to pull back from a potential war footing, which means less risk of escalation and fewer resources diverted overseas.

What Changes on the Ground (and What Doesn't)

Section 2 is the core of the resolution: it mandates the termination of the use of U.S. forces for hostilities against Iran. This means offensive operations must cease. However, Congress isn't leaving our troops defenseless. The resolution explicitly maintains the military’s right to self-defense if Iran launches an immediate attack against U.S. forces. This is the crucial distinction: we can defend, but we can't initiate or continue unauthorized offense.

Keeping the Lights On: Intelligence and Legal Disclaimers

If you're worried about the U.S. going dark on Iranian threats, don't be. Section 3 is a rule of construction that makes sure this resolution doesn't mess with how U.S. intelligence agencies collect, analyze, or share information about Iran. Whether it’s sharing intel with allies or keeping tabs on threats, that work continues unimpeded. Furthermore, Section 4 clarifies that by passing this resolution, Congress is not granting any new authority for the use of military force. It’s a legal firewall ensuring that pulling troops out doesn't somehow get twisted into permission to send them somewhere else.

The Real-World Impact: Less Flexibility, More Accountability

For military planners and the Executive Branch, this resolution significantly restricts their operational flexibility regarding Iran. They lose the ability to conduct proactive, unauthorized strikes or engagements. This might complicate certain strategic maneuvers, but it also forces greater accountability. The biggest challenge, historically, is that these types of resolutions rely on the President complying with the War Powers Resolution, which has often been a point of contention between the branches. If this resolution passes, it forces a clear, public choice: either comply and withdraw, or openly challenge Congress’s constitutional role in starting wars. For busy taxpayers, this means Congress is trying to prevent a costly, open-ended conflict from starting without a full, public debate and vote.