During consideration of the National Defense Authorization Act (S. 1790), Senator Tom Udall (D-N.M.) introduced an amendment to prohibit any funds authorized by the bill to be used to conduct hostilities against the government of Iran or in the territory of Iran. This amendment would allow U.S. forces to defend themselves and would not affect a congressional declaration of war on Iran.
The Senate voted on Udall’s amendment on June 28, 2019, the day after the underlying legislation (S. 1790) was passed. Per a unanimous consent agreement, 60 votes were required to add the amendment to the bill retroactively. The Senate rejected the amendment by a vote of 50 to 40 (Roll Call 189). We have assigned pluses to the yeas because hostilities conducted against a sovereign nation, in this case Iran, constitute an act of war, and would thus require, constitutionally speaking, a declaration of war by Congress.
