Bruce Fein, a U.S. constitutional and international law expert and former Associate Deputy Attorney General, told Al Jazeera that loopholes in the 1973 War Powers Resolution could allow a U.S. president to continue military action without congressional authorization. He argued that the law contains constitutional inconsistencies and cannot override the U.S. Constitution, which grants Congress the sole authority to approve war unless the nation is under attack.
Fein cited Iran as an example, saying that since Tehran has not attacked the United States, any military action against it would constitute a criminal act of aggression. He warned that the law’s ambiguity enables a president to reset the 60‑day war clock at will, effectively extending hostilities indefinitely.
According to Fein, the War Powers Resolution fails to define precisely when a conflict begins or ends, leaving room for executive manipulation. This legal uncertainty, he cautioned, could let a president prolong war without congressional oversight.