[Page S3526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                  Iran

  Mr. DURBIN. Mr. President, we are here today to ensure the Senate 
fulfills its constitutional duties regarding the sole power to involve 
our Nation in war. An important briefing will take place tomorrow and, 
perhaps, a vote on this very issue.
  Article I, section 8 of the U.S. Constitution clearly states that the 
power to declare war is an explicit power of Congress. Three words: to 
declare war. Congress overwhelmingly reaffirmed this constitutional 
provision when it passed the War Powers Act in 1973 over the veto of 
President Nixon.
  Under the War Powers Act, the President has the authority to approve 
military attacks as a response to an imminent threat or with the 
express authorization of Congress. Neither of these were the case with 
President Trump's decision to bomb Iran over the weekend. The Iranian 
regime sponsors terrorism; wants to destroy Israel and undermine U.S. 
interests; oppress its own people; and is interested in owning a 
nuclear weapon. But those are not justifications to ignore the 
Constitution. If the United States is to start a war with Iran over 
these or any other issue, the Constitution itself requires it must be 
with the consent of Congress.
  Let me also add that we had an effective agreement that contained 
Iran's nuclear program--I remember it well under President Obama--that 
is, until President Trump, in his first term, abruptly withdrew the 
United States from this agreement, adding to the more volatile 
situation which we face today.
  That is why I support the Senator from Virginia Tim Kaine's War 
Powers Resolution. It requires a prompt debate and vote prior to using 
additional U.S. military force against Iran. This Senate should not 
allow the country to be led into another Middle Eastern war without its 
consent.
  When I reflect on the time that I have served in the Senate, one of 
the most memorable votes was on the question of the invasion of Iraq. 
If the Presiding Officer will recall that debate, the argument was 
being made by the White House that there were weapons of mass 
destruction in Iraq and that we had to preemptively start a war with 
that country to stop those weapons from being used against us or our 
allies. We know what happened. There was a vote on the floor of the 
Senate. It was about 11 o'clock or 12 o'clock at night. There were 23 
of us who voted against the invasion of Iraq--one Republican and 22 
Democrats. I believe it was the best vote I ever cast as a Senator. 
There were no weapons of mass destruction. We were invading a country 
under a false premise. We were going to wage a war there and, 
unfortunately, did at the expense of American lives for a long period 
of time.
  This Senate should not be led into another war in the Middle East 
without the consent of the American people through Congress. Our 
Founders knew this point: One should never send our sons and daughters 
into war without the consent of the American people--an argument I have 
made regardless of who the President has been of either party.
  We have already ceded too much congressional power on so many 
different subjects. I am almost speechless, which is something for a 
Senator. We are at a point where Congress continues to give away its 
power and its authority. I don't know how to explain it. I don't know 
why people would go through the awful challenge of running for office 
to serve in the U.S. Senate while each and every President tries to 
take away our authority to appropriate funds, for example; to make 
critical decisions. And so many of my colleagues on the other side of 
the aisle are willing to give that away to their favorite President. 
Well, when you give away that authority, the next President may not be 
your favorite, but he will have the authority that you ceded and gave 
away to your favorite President. We have already ceded too much in 
appropriations and key items. Let's not do that when it comes to war.