Skip to content
You can now search across every topic, entity and event.What's new
H
LegislationUS

H.Con.Res.38

Bipartisan House concurrent resolution (Massie-R, Khanna-D) invoking the War Powers Resolution to end US hostilities in Iran without authorisation. Defeated in the House on 5 March 2026 after a competing resolution split the coalition.

Last refreshed: 31 March 2026 · Appears in 1 active topic

Key Question

Congress rejected the only check on the Iran war: who killed the bipartisan coalition?

Timeline for H.Con.Res.38

View full timeline →
Follow Iran Conflict 2026 →
Common Questions
What is H.Con.Res.38?
A bipartisan House concurrent resolution introduced by Republican Thomas Massie and Democrat Ro Khanna in the 119th Congress, directing the President to withdraw US forces from hostilities against Iran unless Congress authorises the conflict. It was defeated on 5 March 2026.
What happened to the Massie-Khanna war powers vote?
The House defeated H.Con.Res.38 on 5 March 2026, after Rep. Josh Gottheimer introduced a weaker competing resolution that fractured the bipartisan Coalition. Combined with the Senate's 47-53 rejection of the companion Kaine-Paul resolution the previous day, both chambers declined to constrain the war.Source: GovTrack / House vote record
Is H.Con.Res.38 binding on the president?
No. As a concurrent resolution, H.Con.Res.38 carries no force of law and cannot be vetoed or signed into law. It is a constitutional signal from Congress, not a legally enforceable mandate.

Background

H.Con.Res.38 — the Massie-Khanna War Powers Resolution — was introduced in the 119th Congress by Republican Thomas Massie (Kentucky) and Democrat Ro Khanna (California), directing the President to terminate US Armed Forces hostilities against Iran unless Congress enacts a declaration of war or a specific AUMF. Both chambers rejected the measure in the first week of the conflict: the Senate voted 47-53 against the companion Kaine-Paul resolution on 4 March, and the House defeated H.Con.Res.38 on 5 March after Rep. Josh Gottheimer introduced a weaker competing resolution to fracture the bipartisan coalition.

As a concurrent resolution, H.Con.Res.38 carries no force of law and cannot be vetoed — it is a constitutional signal, not a binding legal instrument. Six Senate Democrats (Booker, Kaine, Murphy, Schiff, Baldwin, Duckworth) forced a second vote on 18 March, which Republicans again blocked, while threatening daily votes until senior cabinet officials testified on the war's legal basis.

The defeat of H.Con.Res.38 removed the last direct congressional brake on executive war authority, leaving the conflict without any formal legislative authorisation. Massie (Republican) and Khanna (Democrat) represent the libertarian-progressive flank that has argued since 2025 that the War Powers Resolution of 1973 requires congressional consent for sustained hostilities — a position the House Republican leadership and moderate Democrats both rejected.

More questions
Who introduced the Massie-Khanna Iran war powers resolution?
Republican Rep. Thomas Massie (Kentucky) and Democratic Rep. Ro Khanna (California) introduced H.Con.Res.38, making it an unusual bipartisan pairing of a libertarian conservative and a progressive Democrat.
What is the War Powers Resolution and how does H.Con.Res.38 use it?
The War Powers Resolution of 1973 requires the President to seek congressional authorisation for sustained military hostilities. H.Con.Res.38 invokes section 5(c) of that law to direct the President to remove US forces from Iran operations within 30 days.
Did Congress pass any authorisation for the Iran war?
No. Neither chamber has passed a war declaration or an authorisation to use military force (AUMF) against Iran. H.Con.Res.38 and the Kaine-Paul Senate resolution — the only constraints attempted — were both defeated in the first week of the conflict.Source: event
Source Material
House Vote #85, 5 March 2026 — H.Con.Res.38H.Con.Res.38 — 119th Congress