Constitutional Republicans

The 60-Day Rule Nobody Enforces

Written May 6, 2026, as the Iran war enters its tenth week and a fragile ceasefire continues to break down in the Strait of Hormuz.


We have a law on the books that makes sense. If the country is under threat, the president can act fast. He sends a letter to Congress, defends the country, and has 60 days to get approval before he has to stop. That’s the War Powers Resolution. It was Congress’s answer to Vietnam — never again would a president fight an open-ended war without lawmakers signing off.

The logic is sound. Speed when you need it. Accountability after.

The problem is that every president who’s run up against the 60-day clock has found a way around it, and Congress has let them.

Four presidents, same trick

Reagan kept Marines in Lebanon past the deadline by saying they weren’t really in hostilities, even after the barracks bombing killed 241 of them. Clinton bombed Kosovo for 78 days and just blew past day 60 — his lawyers said the law didn’t apply because Congress had funded the operation, which is not what the law says. Obama bombed Libya for seven months and told Congress the air campaign didn’t count as “hostilities” because no Americans were getting shot at. And now Trump, on day 60 of the Iran war, sent Congress a letter saying hostilities “terminated” on April 7 — even as Iran fires missiles at our ships and we blow up their boats in the Strait of Hormuz.

Four presidents. Two parties. Same trick.

The trick works like this. The law says the clock starts when “hostilities” begin. So when day 60 gets close, the White House just redefines what hostilities are. Bombing from the air doesn’t count. Defensive shooting doesn’t count. A ceasefire that isn’t holding counts as the war being over. Whatever it takes to keep the clock from running out.

And Congress sits there and takes it. Members of both parties know the game is being played. They could vote to force a withdrawal. They could sue. They could cut the funding. They mostly don’t, because being on record for or against an ongoing war is politically expensive, and letting the president own it is cheaper.

What the Constitution actually says

This is not a small thing. The Constitution gives Congress the power to declare war. Article I, Section 8. Not the president. The framers were specific about this because they had just fought a war against a king who could send armies wherever he wanted. They did not want that here.

The War Powers Resolution was supposed to be the floor — the bare minimum of congressional involvement. If even that floor doesn’t hold, then we don’t have the system the Constitution describes. We have something else. We have a president who can fight whoever he wants for as long as he wants, as long as his lawyers are creative enough.


What we got for it

Lebanon, 1982-1984

Reagan put Marines in Beirut as peacekeepers in a civil war we didn’t understand. On October 23, 1983, a truck bomb killed 241 American servicemen in their barracks. We didn’t retaliate. Four months later we pulled out. The Lebanese Army we were there to support collapsed within weeks of our departure. Hezbollah, which is widely believed to have carried out the bombing, became the regional power it is today — the same Hezbollah that’s been fighting Israel and the United States for forty years since.

“Beirut wasn’t sensible and it never did serve a purpose. It was goofy from the beginning.”

— Colin Powell, Chairman of the Joint Chiefs

241 Americans dead. No strategic gain. A new permanent enemy.

Kosovo, 1999

Clinton bombed Serbia for 78 days to stop ethnic cleansing of Albanians. Zero American military deaths because we bombed from 15,000 feet where the Serbs couldn’t reach us. Human Rights Watch documented at least 500 Serbian civilians killed by our bombs. Some estimates run higher.

Kosovo got its independence and put up a statue of Bill Clinton. After the war, the ethnic cleansing reversed — Serbs were driven out and their churches burned. The Kosovo Liberation Army leaders we backed were later credibly tied to organ trafficking and organized crime. Joe Biden called one of them “the George Washington of Kosovo.”

Cost: somewhere around $3 billion. Was it worth it? Depends who you ask. But it was unconstitutional either way — Clinton’s lawyers said funding meant authorization, which is not what the law says.

Libya, 2011

Obama bombed Libya for seven months to stop a massacre Gaddafi was supposedly about to commit in Benghazi. Later analysis suggests the immediacy and scale of the massacre threat may have been overstated. We bombed anyway. Gaddafi was overthrown and killed.

Libya then collapsed into a civil war that’s still going. ISIS set up shop. Open-air slave markets appeared in a country that, before we showed up, had the highest standard of living in Africa. Obama himself later called it the worst mistake of his presidency.

When the 60-day clock ran out, his lawyers told Congress that bombing wasn’t “hostilities” because no Americans were getting shot at. The House voted 295-123 to deny authorization. Obama kept bombing.

Cost: $1.5 billion to us. Incalculable to Libya.

Iran, 2026

We’re in it now. The war started February 28 with American and Israeli strikes that killed Iran’s Supreme Leader and most of its top officials. Iran hit back at our bases and our allies. The Strait of Hormuz, which carries a fifth of the world’s oil, is closed or contested.

American naval power has been pulled out of the Pacific to fight this war, with senior defense analysts warning we’ve burned through munitions we’d need against China. We’ve fired over 1,000 Tomahawk missiles. A ceasefire was declared on April 8 and has been violated multiple times by both sides.

On day 60, Trump told Congress hostilities had “terminated” — even as Iran fires missiles at our ships and we destroy their boats in the Strait. Whether this turns into another Lebanon, another Libya, or something worse, we don’t know yet.

What we know is that nobody in Congress has voted on it.


The pattern

Look at the record.

Lebanon: 241 Americans dead, Hezbollah born, no strategic gain.

Kosovo: hundreds of civilians killed by our bombs, the people we saved turned around and ethnically cleansed the people we bombed, the leaders we backed turned out to be gangsters.

Libya: a functioning country turned into a failed state with slave markets, the president who did it called it his worst mistake.

Iran: still being written, but already we’ve burned munitions we’d need for a real war, killed a head of state, broken global oil shipping, and don’t know how it ends.

Four wars. Four presidents. Two parties. Every one of them produced consequences more complicated and costly than promised.

That’s not a coincidence. That’s the rule doing its job — or trying to.

The 60-day clock isn’t there to tie the president’s hands when the country is in danger. It’s there to make him stop and ask whether the country thinks the war is worth fighting before he’s in too deep to back out.

Congress isn’t smarter than the president. But Congress has 535 people from every part of the country, and getting them to agree on a war means the case has to be solid enough to survive scrutiny. That’s the filter. When the filter gets bypassed, bad wars get fought.

Lebanon would not have survived a serious congressional debate. Neither would Libya. Kosovo might have, but Clinton didn’t want to find out. Iran — we’ll never know, because nobody asked.


The Constitution puts the war power in Congress for a reason. The framers had just fought a war against a king who could send armies wherever he wanted, and they did not want that here. The War Powers Resolution was a weakened version of that original design — a compromise that gave the president 60 days of running room before Congress had to weigh in. Even that compromise has been gutted.

Constitutional Republicans want it restored. Not because we’re pacifists. Because the historical record is clear: when one man gets to decide alone, he tends to decide wrong. The country is safer, and our soldiers are safer, when the decision to fight has to be made by the people who answer to the voters who send their kids.

Sixty days. Then a vote. Then we fight or we don’t. That’s the law. It’s time we acted like it.

Leave a comment