Trump Administration Argues War Powers Act Doesn’t Cover Strikes Against Cartels

The Trump administration has informed Congress that the War Powers Resolution does not apply to recent and potential future military actions taken against drug cartels, asserting the operations are not traditional “hostilities.”

The position, communicated to lawmakers yesterday, concerns reported strikes against cartel targets, particularly those involving maritime vessels. Officials maintain these actions fall under the president’s constitutional authority to defend the nation and enforce laws, rather than constituting a war requiring congressional authorization. This interpretation sidesteps the requirement of the War Powers Resolution, which typically mandates a 60-day notification to Congress for ongoing military engagements.

The administration’s stance echoes statements made previously regarding potential interventions in Venezuela. In 2024, then-President Trump reportedly stated, “We’re just gonna kill people,” when discussing potential actions, indicating a willingness to act without a formal declaration of war. This raises significant questions about the scope of presidential power in the absence of congressional approval, a debate that has spanned decades – for more on the history of this debate, see the Congressional Research Service’s report on the War Powers Resolution.

The debate over the application of the War Powers Resolution is particularly relevant as the 60-day clock for notification regarding initial boat strikes was set to expire today. This decision could pave the way for expanded military operations against cartels without further congressional oversight, potentially escalating tensions and altering the landscape of U.S. counter-narcotics policy. The administration has indicated it will continue to assess the situation and consult with Congress as needed, but maintains its legal position regarding the War Powers Act.