The Senate voted down Sen. Tim Kaine’s (D-VA) war powers resolution that would have blocked additional U.S. military action against Iran on Friday evening, with nearly all Democrats voting in favor of the resolution, and almost all Republicans voting against it.

The resolution failed, 53-47, with Sen. Rand Paul (R-KY) being the only Republican to vote in favor and Sen. John Fetterman (D-PA) being the only Democrat to vote against. 

Kaine said in an address prior to the vote that while he acknowledged the need for U.S. military engagement in certain instances, any offensive actions required the approval of the legislative branch.

 “The United States needs to defend itself and it needs to work with allies to help them defend themselves,” Kaine said. “But our troops, our sons and daughters, deserve to have wise civilian leadership that only make the decision to send them into war on the basis of careful consideration and a debate before the entire public.”

The Virginia senator, who has long been a champion of enforcing Congressional war powers, argued the president does not have the authority “to go on offense against another nation or an entity like a terrorist group.”

In response, Sen. Lindsey Graham (R-SC), one of the most vocal supporters of the strikes in the Senate, said that requiring congressional approval would be a “disaster for the country” and upend the military command structure.

“Since the founding of this country, it’s been understood that the commander in chief can act, as the commander in chief, to protect our nation from threats — that he is in charge of the military. He’s the civilian in charge of the military, and it’s his decision to use military force,” Graham said. He noted that Congress has only declared war five times but engaged in hundreds of military actions, and said Congress can cut off funding for military operations if it does not agree with the executive.

“Just think of the chaos that would ensue in this country if there were not one commander in chief, but 535,” Graham reiterated, adding that the reaction from Congress to the strikes and conflicting intelligence about their efficacy shows that Congress would not be able to act decisively if consulted. 

He said it would not be practical for the administration to have to wait for Congress to act in response to a future nuclear facility or threat to U.S. forces, “and that’s not what the founders meant.”

Several Senate Republicans who backed a similar resolution in 2020 following the U.S. strike that killed Islamic Revolutionary Guard Corps Gen. Qassem Soleimani voted, this time, against the resolution. That list included Sen. Todd Young (R-IN), Bill Cassidy (R-LA), Susan Collins (R-ME), Mike Lee (R-UT) and Jerry Moran (R-KS).

Collins noted in her statement that Iran had “threatened to attack Americans on our own soil and around the world” after Israel launched its operation to take out its nuclear program. She also said she supported the strikes and the subsequent ceasefire, both of which made it “the wrong time to consider this resolution and to risk inadvertently sending a message to Iran that the President cannot swiftly defend Americans at home and abroad.”

“I continue to believe that Congress has an important responsibility to authorize the sustained use of military force. That is not the situation we are facing now,” Collins said. “The president has the authority to defend our nation and our troops around the world against the threat of attack.” 

Lee said that determinations around war powers are “heavily fact-dependent.”

“We got a classified briefing yesterday. The totality of the circumstances that they outlined, including the finality of the action they’d taken — there’s no ongoing operations there,” Lee said.

Sen. Jacky Rosen (D-NV), one of the Senate’s most vocal pro-Israel Democrats, said in a statement that she hopes the strikes are successful in the long-term, that Iran must be prevented from obtaining nuclear weapons, that the U.S. must defend its personnel and that she would “continue to back Israel should it need to respond to a break in the agreement.”

“At the same time, the U.S. Constitution gives Congress the power to declare war and authorize any offensive attacks on other sovereign nations,” Rosen said. “The decision to go to war and put our troops in harm’s way is one that cannot be made lightly, and must be made by Congress, which is why I voted today to advance the War Powers Resolution.”

Sen. Josh Hawley (R-MO), who has advocated for a more restrained approach to U.S. foreign policy, dismissed arguments that the War Powers Act was applicable to the strikes ordered by Trump, which he called “an Article II matter.”

“I think, probably, the War Powers Act is unconstitutional. Some parts of the War Powers Act are kind of closer questions, but I think this is actually not very hard. I mean, if a president, any president of any party, cannot order one-off, limited military strikes without the approval of Congress, why do we have Article II?” Hawley asked.

“Go back and read the debates, and exactly what the framers did not want was foreign policy by committee, so I think this is not a close question. You can be opposed to the strikes and still be like, ‘Wow, this is not a good idea, this resolution,’” he told JI, adding that Trump was “100%” acting within his constitutional authority.

A Senate war powers resolution aiming to block further U.S. military action against Iran appears to be building and solidifying support among Democrats ahead of an anticipated vote later this week.

Sens. Adam Schiff (D-CA), Andy Kim (D-NJ) and Tim Kaine (D-VA) announced on Tuesday they planned to introduce an amendment to Kaine’s resolution to specifically ensure that the U.S. can continue to share intelligence with Israel and to assist Israel’s defense and provide it with defensive equipment to counter attacks by Iran and its proxies.

A House resolution on the issue had prompted private divisions among Democrats earlier this week over a similar issue, with many lawmakers concerned that the resolution would prevent the U.S. from continuing to support Israeli missile defense, a Democratic staffer not authorized to speak publicly told JI.

The senators said in a statement they expect the full Senate will vote on the amendment prior to a final vote on Kaine’s resolution. They argued that the amendment makes clear to Iran that the U.S. will continue to defend Israel.

Kaine said that the ceasefire between the U.S. and Iran announced Monday night doesn’t change the necessity of the vote, and “actually gives you the space to actually have a decision about, prospectively, should we be at war with Iran without a vote of Congress.”

Asked by Jewish Insider whether he still anticipates that most or all other Democrats will still support the resolution, Kaine said, “They believe we should not be at war without a vote of Congress. They may have different points where a war would be the right thing to do, but that should not happen without a vote of Congress.”

He said he still expects to have multiple Republicans supporting the resolution, but the number is unknown. Only Sen. Rand Paul (R-KY) has publicly voiced support.

Sen. Mark Kelly (D-AZ), asked about the resolution, said that there was not a “clear and imminent threat to the United States, to our citizens” and the administration “should have come to us and talked about this,” as it did prior to Operation Desert Storm, in which he served.

“You’ve got a goal, you talk to Congress about it. You get the force ready to do this. You talk to the adversary and you say, ‘Here are our options: Get out of Kuwait or we’re going to kick you out,’” Kelly said. “That occurred with a full, transparent discussion with the United States Congress, per the Constitution.”

Kelly reviewed a classified Defense Intelligence Agency assessment indicating the U.S. strikes had a limited effect on Iran’s nuclear program, and said that the situation shows the “recklessness of just rushing forward when you don’t have the follow-on plan, and you don’t really consider the consequence.”

He said the strikes were risky because Iran may now take its program completely covert and race to a nuclear weapon. “This has been my concern since the second this happened. Does this push them forward?” Kelly said.

Sen. John Hickenlooper (D-CO) said he hadn’t looked at the resolution but said “it seems like we had lots of time to be consulted.” 

Sen. Elissa Slotkin (D-MI) said she’s still examining the resolution but emphasized that she led legislation in 2020 to block military action against Iran following the killing of Quds Force head Gen. Qassem Soleimani.

Sen. Ted Cruz (R-TX) on Tuesday proposed another amendment to Kaine’s resolution, commending President Donald Trump for a “successful mission” in damaging the regime’s nuclear program.