When President Donald Trump recently launched missile strikes against Iran, the negative response from Democrats had little to do with the merits of the attack itself. Instead, many Democrats criticized the president for not getting authorization from Congress.

Several called Trump’s actions “illegal,” and others said it was “unconstitutional.” At least two House Democrats, Reps. Alexandra Ocasio-Cortez (D-NY) and Sean Casten (D-IL) said it was grounds for impeachment. Republicans largely supported Trump’s action, though several, including Reps. Marjorie Taylor Greene (R-GA) and Thomas Massie (R-KY) were critical of the move.

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When then-President Joe Biden launched military attacks against Houthi rebels in Yemen, some of the same Democratic voices expressed dissatisfaction that a president of their party did not seek congressional approval. Left-wing progressives (including most of the members of “the Squad”) have been consistent in their criticism of unauthorized military strikes.

However, Democratic leaders such as House Minority Leader Hakeem Jeffries (D-NY) and former House Speaker Nancy Pelosi (D-CA) have been loudly critical of Trump. Pelosi voted for a War Powers Act resolution in 2020 after Trump, during his first, nonconsecutive term, ordered a military strike that killed Qassem Soleimani, one of Iran’s top military leaders. Pelosi said nothing when Biden ordered strikes in Yemen. They said nothing when Biden ordered military strikes in Syria, Iraq, and Somalia as well.

In all instances, Biden relied on citing Article II executive powers and self-defense of U.S. forces, or the Authorized Use of Military Force.

Congress has not declared war since 1942. Still, the chamber has granted the president the authority to conduct military operations, such as the Vietnam War, Operation Desert Storm (1991 AUMF), and the 2001 and 2002 AUMFs (post-9/11). The latter two are still in effect, and Trump, along with presidential predecessors Barack Obama and Joe Biden, have all relied on the AUMF or other authority to launch military strikes.

Congress as a whole, and depending upon which party is in power, relishes in complaining about a president exceeding their constitutional authority. Unfortunately, it is often Congress that delegates such authority to the executive branch, and the AUMF is merely one example of this. After all, even the most tangential link to 9/11 or the Iraq War gives the president license to conduct military operations without congressional approval.

On June 27, the Senate blocked a Democratic resolution that would force Trump to seek approval for any further military action against Iran. The vote was 53-47 against bringing up the resolution (it required 60 votes to proceed to a vote on final passage). Naturally, it fell along party lines, with every Democrat supporting it and all Republicans opposed.

When Biden launched attacks in Yemen against Houthi rebels, Democrats were privately frustrated but said little publicly. Sen. Tim Kaine (D-VA), who introduced the recent War Powers Act resolution, said of Biden’s military strikes, “This is ‘hostilities.’ There’s no congressional authorization for them. And it’s not even close.” However, Kaine took no further action.

It is an obvious problem with the highly partisan nature of modern-day Washington, D.C. politics. Legislators are often reluctant to take action or speak out when their party aligns with the president’s.

There was some light in 2023 when the Senate voted to repeal the 1991 and 2002 AUMF. The legislation was bipartisan and introduced by Sens. Kaine and Todd Young (R-IN). The vote was 66-30, with 18 Republicans joining Democrats in voting in favor of the legislation.

At the time, Kaine said, “I’ve long believed that Congress should reassert our constitutional role in decisions as solemn as whether and when to send our nation’s servicemembers into harm’s way.” Young said, “Passage of this bill with strong bipartisan support takes us a step closer to restoring the proper role of Congress in authorizing military force and affirmatively stating when conflicts are over.”

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The legislation stalled in the House despite signals from the Biden White House that he’d sign the bill. Trump, who is fond of exercising executive power and not relinquishing it, might not be as receptive. Many congressional Republicans would be hesitant to cross Trump despite the GOP’s latest iteration being wary of getting involved in overseas conflicts.

The question of whether Congress takes further action remains to be seen. As the situation in the Middle East unfolds, the president’s actions and events will determine whether Congress will assert itself and reclaim some of its Article I powers related to military conflicts. For now, however, with the failed vote in the Senate, partisan politics is taking precedence.