unbalanced and MIA

the current Congress

The administration, the President, and his surrogates deem the war in Iran as vital to U.S. national interests. As I explained to a friend last week who questioned why the military does not see this as an illegal action initiated by a single individual, the Constitution grants the Commander-in-Chief wide leeway to protect those same interests under Article II, Section 2.

“Section 2

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices. He shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

The Framers were rather explicit in denoting obligations of the other branches but relatively vague in limiting the President’s role as Commander-in-Chief. Needless to say, this has been the source of much vexation over the past 60 years as foreign affairs have become more contentious in our body politic.

The Constitution enumerates several powers of the Legislative branch under Article I. Specifically, Sections 7 and 8 of that Article detail the branch’s powers.

“Section 7

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section 8

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

While I (and I suspect many others) would be far more comfortable with a single declaratory statement of its desired endstate, I would also like explicit indications that Congress, Constitutionally charged with the role of raising and allocating national resources, actively discussed and authorized how to pay for it.

We are currently unbalanced constitutionally, not only because the Administration pushes forth but because of the current approach by Legislature.

It turns out that no action is an action, in fact, with profound consequences.

I fully understand that this White House selectively ignores both the Legislative and judicial branches when it suits; neither the Senate nor especially the House of Representatives is accruing evidence of understanding their responsibilities. As fully all of the House and a third of the Senate go before the voters this fall to ask, in most cases, to renew their contracts, it’s worth pondering what they believe they are doing.

Even if the White House arrogates to itself a disproportionate role in determining actions overseas, particularly armed conflict, which many would define as war, how is Congress reacting?

Neither body upheld the 1973 War Powers Resolution, despite close votes in both bodies. That was a step towards addressing a Congressional role vis-à-vis the White House seizing the entire decision-making mandate. Each Senator and Representative went on record either supporting a potential Congressional role or arrogating it to the Executive. I appreciate that step as a public statement amid the overwhelming silence from Capitol Hill.

This is a bipartisan condemnation as Republicans are collecting their pay but producing virtually nothing while Democrats are hardly proving any more competent at seeming to work across the aisle.

A few voices are raising issues, but precious few indeed.

However, that single vote hardly absolves them of what they signed up to do by achieving election.

Are they holding budget hearings on the costs of the conflict? Reports earlier this week indicated that the action (or war or intervention) is costing $1 billion a day. The Republicans came to Washington worried about government spending, yet they have nothing to say about what is, at a minimum, now a $11 billion expenditure for which nothing is allocated. Democrats won the election, but they are worried about priorities such as health care subsidies. Yet, they are not holding rallies while demanding the majority hold discussions about this shift away from domestic spending? What are they doing to ensure we can pay for this massive additional expense, not to mention the follow-on issues like munitions resupply, veterans’ care, and the effects on trade?

Are they holding oversight hearings? Do they even understand that there are effects on our foreign relations? In the Senate, constitutionally, the advice and consent can be beyond voting on nominees and treaties to include providing feedback to the Executive branch.

Remember too that the war is injuring and killing military personnel while affecting the economy and so many other portions of our society alone. Congress seems unwilling to examine or even recognize those damages.

Put another way, Congress is currently missing in action. As you ponder the possible candidates for elections in November, examine the candidates—incumbents or challengers—to consider whether what they are saying is feasible. I think we know a lot more about these folks before they get into office than we recognize sometimes, but it’s been a pathetic 119th Congress thus far.

Why are we paying these folks to be derelict in their obligations? They may not control the Executive Branch’s behavior, but Congress is doing little to put their role into the history books as having done their jobs.

Am I being too hard on them? Do you, a voter or a foreign analyst, feel we are seeing the equal exercise of responsibility and power the Constitution calls for? I welcome your thoughts, including criticisms of course. I do not have a monopoly on knowledge so I want to hear from others.

Thank you for your time reading this or any other column. I appreciate the subscribers who support this work whether at $8 monthly or $55 per annum. Your financial support offers me opportunities to read more broadly.

It’s been a beautiful couple of mornings along Spa Creek. We are so ready for spring here!

Be well and be safe. FIN

Constitution of the United States of America, 1887, retrieved at https://constitution.congress.gov/constitution/

Shawn Tully, “How the Iran war’s nearly $1 billion-a-day price tag is deepening America’s debt crisis”, Fortune.com, 11 March 2026, retrieved at https://fortune.com/2026/03/11/daily-tab-iran-war-debt-crisis/