Open in the Archives
Quality whether you want it or not
Be great or be gone
Friday, August 28, 2026 · Page 6 of 14
← Viewpoint

Michael Cohen

When Our Country Goes To War


When presidents ignore limits, Congress faces a defining choice: defend the Constitution, surrender its authority, or watch the rulebook become meaningless forever.

For most of our lives, the rules are pretty simple.

From nursery school onward, we are taught that rules matter. Red means stop. Green means go. Don’t hit your classmates. Don’t cut the line. Raise your hand before speaking. As we grow older, the rules become more sophisticated, but the principle remains the same. Society functions because we agree that laws matter, procedures matter, and accountability matters.

At least that’s what we’re taught.

Apparently, however, there is a special exemption clause buried somewhere in the Constitution that only applies to presidents.

For nearly a month now, I’ve written articles and discussed extensively during my live Substack broadcasts a question that seemed remarkably straightforward: Why hasn’t Congress asserted itself regarding war powers when the statutory clock has long since expired?

This isn’t some obscure procedural technicality hidden in the fine print of a government manual that nobody reads. The War Powers Resolution of 1973 was enacted specifically to prevent presidents from engaging in prolonged military conflicts without congressional oversight. The law requires the executive branch to engage Congress and obtain authorization when hostilities continue beyond the prescribed period.

The concept isn’t complicated.

If you don’t like the law, change the law.

If you can’t change the law, follow the law.

That’s how it’s supposed to work for the rest of us.

Yesterday, however, something unusual happened in Washington. The House of Representatives finally decided to acknowledge that the rulebook exists.

In a surprisingly bipartisan vote, the House passed a War Powers Resolution by a margin of 215 to 208, forcing President Trump to seek congressional approval for continued military operations involving Iran or withdraw U.S. forces. Four Republicans: Brian Fitzpatrick, Thomas Massie, Warren Davidson, and Tom Barrett, joined Democrats in support of the measure.

Now let’s be clear. The practical impact of the resolution remains uncertain. The measure moves to the Senate, and legal scholars continue debating whether the House version carries binding force even if both chambers approve it.

But symbolism matters.

Especially when symbolism is accompanied by courage.

For years, Republicans on Capitol Hill have treated Trump less like a president and more like the head of a particularly aggressive homeowners association. Dissent has often been met with threats, primary challenges, social media attacks, or political exile. Loyalty has become the currency of survival.

Yet yesterday, at least a handful of Republicans remembered they work for the Constitution, not the Mar-a-Lago membership committee.

Predictably, House Speaker Mike Johnson was less enthusiastic.

Johnson argued that efforts to limit executive authority would somehow weaken the president’s ability to negotiate.

Think about that logic for a moment.

Congress exercising powers explicitly granted to it by the Constitution somehow weakens government, but ignoring those powers strengthens democracy.

That’s like arguing that seat belts weaken driving because they limit your ability to fly through the windshield.

The Constitution was specifically designed around competing powers. The framers didn’t create checks and balances because they distrusted Congress. They created them because they distrusted concentrated power.

All concentrated power.

Including presidential power.

Especially presidential power.

The irony here is almost painful. Many of the same people who spent years warning about government overreach suddenly become remarkably flexible constitutional scholars when the overreach originates from someone wearing a red tie and selling commemorative trading coins.

Meanwhile, the conflict itself continues drifting forward without a clearly defined objective. Negotiations remain elusive. Claims that a breakthrough agreement is just around the corner have become the diplomatic equivalent of hearing that your delayed flight will begin boarding “in approximately fifteen minutes.”

Three months later, you’re still sitting at the gate.

The consequences extend far beyond constitutional theory. Iran’s closure of the Strait of Hormuz has disrupted global energy markets. Fuel prices remain elevated. Public support for the conflict remains weak. Voters are increasingly questioning both the costs and the objectives.

And perhaps most importantly, Americans are once again confronting a fundamental question:

Who decides when this country goes to war?

The answer should not depend on who occupies the Oval Office.

It should not depend on party affiliation.

It should not depend on whether the president’s last name is Trump, Biden, Obama, Bush, Cohen or something else entirely.

The answer is already written down.

Congress decides.

That isn’t a Democratic principle or a Republican principle.

It’s an American principle.

Yesterday’s vote may ultimately prove symbolic. It may fail in the Senate. It may be ignored by the White House. It may become another footnote in our increasingly bizarre political history.

But it accomplished something important.

For one brief moment, Congress remembered that it has a job.

For one brief moment, elected representatives remembered that constitutional powers are meant to be exercised, not merely admired from a distance like artifacts behind museum glass.

And for one brief moment, Washington acknowledged a lesson most of us learned before we could tie our shoes:

Rules either apply to everyone, or eventually they apply to no one.

NYA thanks Michael Cohen!