By Mohamad Hammoud

War Powers, Lobbying and Congressional Failure in the Erosion of Constitutional Control
What good is a written Constitution to a democracy if it is treated as a mere suggestion by its president? What does democracy mean when a president can wage war and shape law with the stroke of a pen, without the approval of the people’s representatives? President Donald Trump has stripped the American democratic experiment to its core, exposing it as a hollow shell and erasing any real distinction between a modern autocrat and a president shielded by a compliant congressional majority and financial backing. According to The Guardian, this collapse of the “separation of powers” has reduced the Republic to an architecture of elite impunity, where the law is little more than a paper shield against a determined leader.
The failure lies in constitutional loopholes exploited by a president who openly admires dictators. Backed by a House majority and powerful groups like AIPAC, the administration operates within a “pay-to-play” system in which lobbyist money—not American interest—directs the movement of American missiles. Driven by donor interests, the President dragged the nation into conflicts—Venezuela and the current war with Iran—without a single authorizing vote from Congress, effectively nullifying the people’s representatives.
The 60-Day Loophole and the Death of Authorization
The clearest proof of this “shallow democracy” lies in how the law has been bent to serve executive power. Under the US Constitution, Congress alone has the authority to declare war, while the president, as Commander in Chief, is limited to defensive action. The War Powers Resolution of 1973 was meant to enforce this balance, allowing military action only with congressional approval or in response to an attack, and imposing a 60-day limit on military action without congressional authorization.
The 2026 war with Iran exposes how easily these limits collapse. The conflict, launched on February 28, began without a declaration of war or a new Authorization for Use of Military Force. Instead, the administration invoked a vague claim of “imminent threat,” using Article II powers to bypass Congress and wage war on unverified premises.
As the 60-day deadline approached, the administration did not seek approval—it manipulated the law. By declaring that hostilities had “terminated” during an April ceasefire, President Trump claimed the legal clock had reset. This “pause” argument allows the president to cycle between brief halts and renewed force, effectively extending war indefinitely without congressional authorization.
Critics argue that ongoing blockades remain acts of war regardless of whether active combat continues. Yet under this logic, the War Powers Resolution becomes a tool of evasion rather than restraint. A president can start a war, pause it to avoid legal limits, and resume it at will.
This is the essence of a hollowed-out system: Congress retains the power to declare war in theory, but in practice, it has been sidelined, reduced to a spectator while the executive wages war unchecked.
Elite Impunity and the Architecture of Influence
This overreach is evident in military actions that disregard international norms and sovereignty. Earlier this year, the administration launched “Operation Absolute Resolve” in Venezuela, capturing Nicolás Maduro—an act widely described as a violation of international law and sovereignty. These actions suggest a worldview in which rules apply only to the weak, while power operates without constraint. Critics argue the Middle East campaign follows a similar trajectory, driven less by verifiable intelligence than by alignment with the ambitions of Benjamin Netanyahu and the interests of “Israel.”
This exposes the hypocrisy of the United States: while its officials lecture other nations on transparency and the rule of law, they wage unpopular wars under the banner of “national security,” shaped by lobbyist pressure and major donors like AIPAC.
A Constitution in Retreat
The Trump presidency has shown that democracy in the United States is shallow, where a president—regardless of stability—can act with dictatorial power while operating under the appearance of constitutional order. He has become a tool of elite donors and organized interests. With strong backing from major donors, AIPAC, and evangelical political networks, Congress often watches and sometimes supports his actions instead of restraining them.
This has paved the way for authoritarianism. According to Public Citizen, this lack of accountability sets a precedent difficult to reverse without major reform of campaign finance and war powers laws. The “separation of powers” now stands as little more than a historical artifact.
With the 60-day war limit eroded and Congress sidelined, unrestrained executive power is now structurally embedded. The future depends on whether Congress reasserts authority or accepts its own obsolescence.





