S.J.Res. 104 and H.Con.Res. 38 were introduced in the Senate and House, respectively, to reassert Congress’s constitutional authority over decisions of war and peace by limiting unauthorized U.S. military action against Iran. The resolutions come amid recent U.S. military strikes on Iran that were carried out without a formal declaration of war or specific authorization from Congress. Both measures invoke the War Powers Resolution, which was passed to ensure that the President cannot engage U.S. forces in sustained hostilities without congressional approval.
S.J.Res. 104 was introduced in the U.S. Senate by Senators Tim Kaine (D-VA) and Rand Paul (R-KY). H.Con.Res. 38 was introduced in the House by Representative Thomas Massie (R-KY) with broad bipartisan support (77 cosponsors).
The resolutions direct the President to remove U.S. Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress. They clarify that any future offensive military action must receive explicit approval through a declaration of war or a specific Authorization for Use of Military Force (AUMF). S.J.Res. 104 and H.Con.Res. 38 is designed to prevent escalation into a broader war with Iran without congressional consent and to reestablish the constitutional balance of powers between Congress and the Executive Branch.
Unchecked military action risks entangling the United States in another prolonged and costly conflict, undermines democratic accountability, and erodes trust in diplomatic solutions. By requiring congressional authorization for continued hostilities, the resolutions represent an effort to ensure that decisions about war are debated and voted on by elected representatives of the American people, rather than determined solely by the President.
Sources:
https://www.congress.gov/bill/119th-congress/house-concurrent-resolution/38
https://www.congress.gov/bill/119th-congress/senate-joint-resolution/104
https://clerk.house.gov