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war powers resolution
House Progressives Challenge Biden's 'Unauthorized' Mideast Militarism
"Absent an imminent or actual sudden attack on the United States, its territories or possessions, or its armed forces, the executive branch may not introduce U.S. armed forces into hostilities without Congress' prior approval."
Nov 01, 2024
A handful of progressive Democrats in the House of Representatives on Friday accused President Joe Biden of violating the Constitution and the War Powers Act by deploying U.S. troops to help Israel's war effort and urged his administration to pursue "de-escalatory action" in the Middle East.
"We are deeply concerned about the increasing role and involvement of the U.S. armed forces in expanding wars across the Middle East," Reps. Rashida Tlaib (D-Mich.), Cori Bush (D-Mo.), Ilhan Omar (D-Minn.), Summer Lee (D-Pa.), and André Carson (D-Ind.)—who all sponsored last year's " Cease-fire Now" resolution—wrote in a letter to Biden.
"Congress has the sole power to declare war."
This includes the deployment of U.S. commandos and intelligence officers to Israel just days after last year's Hamas-led attack that left more than 1,100 Israelis and foreign nationals dead—some of them killed fratricidally—and over 240 others taken prisoner, as well as a crew to operate an anti-ballistic missile battery following Iran's barrage against Israel last month.
"Congress has the sole power to declare war under Article I, Section 8, Clause 11 of the Constitution," the lawmakers wrote. "As Section 5(c) of the War Powers Resolution of 1973 makes abundantly clear, Congress holds the power to direct the removal of any armed forces engaged in hostilities outside the territory of the United States without a declaration of war or specific statutory authorization."
"Absent an imminent or actual sudden attack on the United States, its territories or possessions, or its armed forces, the executive branch may not introduce U.S. armed forces into hostilities without Congress' prior approval," they stressed.
The letter—which came shortly before Election Day and is backed by over a dozen peace, progressive, and faith-based groups—continues:
Despite the administration's stated goal of avoiding a regional war, increasingly dangerous escalations have been made possible by transfers to the Israeli government of billions of dollars worth of weapons and military aid, comprehensive intelligence sharing and operational coordination, and diplomatic cover from the United States in the face of widespread condemnation from the international community...
Meanwhile, recent reporting indicates American military officials have discussed unauthorized U.S. military strikes against Iran. We have already seen an increase in U.S. service members deployed to the region in areas where there is a clear and present danger of hostilities.
"This current involvement, and any additional involvement or deployment, of the armed forces in the Israeli government's expanding regional war fall under the definition of 'hostilities' in the War Powers Resolution and are not in response to an imminent or actual attack against the United States," the lawmakers wrote. "As such, these actions are unauthorized and are subject to Congress' authorities pursuant to the Constitution and the War Powers Resolution."
The legislators ask Biden to explain his administration's "legal or constitutional justification" for "proposed hostilities" against Iran, whether the U.S. is "providing military services of any nature" for Israel, and for clarification of claims that U.S. attacks on Houthi rebels in Yemen were conducted in accordance with the Constitution's self-defense authority.
The lawmakers stressed:
De-escalatory action is urgent and essential. Since October of last year, the Israeli government has killed over 43,000 Palestinians in Gaza, with this number likely a significant undercount. This includes over 16,700 children. Over 90% of the population has been displaced, and Palestinians throughout Gaza continue to face famine and starvation. In this same period, the Israeli government has killed over 2,700 people in Lebanon, the vast majority of whom have been killed since the start of the Israeli military's ground invasion and bombing campaign last month. Over 1.2 million people in Lebanon have already been displaced. These campaigns of collective punishment have continued to spread, with sieges on Palestinian cities and refugee camps in the West Bank, the bombing of critical civilian infrastructure in Yemen, and escalations of belligerence with Iran and Syria.
"These destructive wars must end, as must any unauthorized U.S. involvement in them," the letter concludes. "The American public deserves a say on the issue of war. Thus, Congress' involvement and debate are necessary. Every day that passes without a cease-fire produces catastrophic loss of life and threatens further death and destruction. We have an obligation to both the living and the dead to put an immediate end to this devastation."
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Without Approval From Congress, Biden Preps 'Sustained' US Assault on Yemen
"A cease-fire in Gaza would likely end the Houthi attacks," wrote one analyst. "But Biden is choosing war instead."
Jan 22, 2024
The Biden administration is reportedly planning for a "sustained" assault on Yemen after a barrage of U.S. airstrikes in recent days failed to halt Houthi attacks on commercial shipping vessels in the Red Sea.
The Washington Postreported over the weekend that the White House "convened senior officials on Wednesday to discuss options for the way ahead" in Yemen, which has endured years of deadly U.S.-backed, Saudi-led bombing.
"Officials say they don't expect that the operation will stretch on for years like previous U.S. wars in Iraq, Afghanistan, or Syria," the Post added. "At the same time they acknowledge they can identify no end date or provide an estimate for when the Yemenis' military capability will be adequately diminished."
On Thursday, President Joe Biden admitted publicly that the most recent U.S. airstrikes in Yemen have not worked to deter the Houthis, who say their attacks in the Red Sea won't stop until Israel ends its assault on Gaza.
Even after conceding their ineffectiveness, Biden said the U.S. strikes on Yemen would continue. Early Saturday morning, American forces launched airstrikes targeting "a Houthi anti-ship missile that was aimed into the Gulf of Aden and was prepared to launch," the U.S. Central Command said in a statement.
The following day, CENTCOM announced the deaths of two U.S. Navy SEALs who were lost at sea after a January 11 raid targeting an unflagged ship purportedly carrying Iranian weapons to Yemen's Houthis.
There's no indication that Biden intends to seek congressional authorization for the ongoing, open-ended U.S. military campaign in Yemen, rebuffing calls from Democratic and Republican lawmakers who say the hostilities with the Houthis are unconstitutional and heighten the risk of all-out regional war. Biden formally notified Congress of the latest round of U.S. airstrikes on Yemen a day after launching them earlier this month.
Ordinary Yemenis are likely to suffer most from an indefinite U.S. military campaign; American-led strikes have already disrupted aid operations in the impoverished country.
Analysts have argued that the best way to mitigate the risk of a spiraling Middle East war is to pursue a cease-fire in Gaza, where Israeli forces have killed more than 25,000 people—mostly women and children—in less than four months. But the Biden administration has stonewalled cease-fire efforts at the United Nations Security Council, opting instead to allow a humanitarian aid resolution that is failing to deliver for starving and desperate Gazans.
"This administration is off its hinges," said the Yemeni Alliance Committee. "Biden has started an illegal war on Yemen to avoid a cease-fire in Gaza."
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, echoed that message, writing on social media that "Biden is starting another war in the Middle East just so that Israel can continue slaughtering people in Gaza."
"A cease-fire in Gaza would likely end the Houthi attacks," Parsi wrote. "But Biden is choosing war instead."
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'This Is Illegal': US Lawmakers Slam Strikes on Yemen
"The people do not want more of our taxpayer dollars going to endless war and the killing of civilians," said Democratic Rep. Cori Bush. "Stop the bombing and do better by us."
Jan 12, 2024
U.S. lawmakers said Thursday that the Biden administration's barrage of airstrikes in Yemen—launched in coordination with American allies but without congressional approval—was blatantly unconstitutional and dangerous, heightening the risk of a full-blown regional conflict.
"This is illegal and violates Article I of the Constitution," U.S. Rep. Cori Bush (D-Mo.)
wrote on social media following the strikes. "The people do not want more of our taxpayer dollars going to endless war and the killing of civilians. Stop the bombing and do better by us."
The Biden administration said the airstrikes, which it characterized as a response to Houthi attacks on commercial shipping vessels in the Red Sea, hit
more than 60 targets in Yemen. Administration officials reportedly briefed congressional leaders on its plans to bomb Yemen, but there was no formal authorization from lawmakers.
"This is an unacceptable violation of the Constitution,"
said Rep. Pramila Jayapal (D-Wash.), chair of the Congressional Progressive Caucus. "Article 1 requires that military action be authorized by Congress."
Rep. Rashida Tlaib (D-Mich.)
echoed Jayapal, writing that U.S. President Joe Biden is "violating Article I of the Constitution by carrying out airstrikes in Yemen without congressional approval."
"The American people are tired of endless war," Tlaib added.
"Congressional authorization isn't some sort of courtesy, it's a legal requirement for this kind of act."
Article I of the Constitution states that Congress has the power to "declare war," and the
War Powers Resolution (WPR) of 1973 seeks to constrain the president's ability to take unilateral military action. As Brian Egan and Tess Bridgeman have explained, the War Powers Resolution "does not authorize the president to use force," calling the belief that it does "a common misperception."
"It takes a limited view of the president's authority to introduce U.S. armed forces into such situations in the absence of congressional authorization or an attack on the United States," Egan and Bridgeman noted.
The WPR states that, within 48 hours of a military action, the president must deliver a report to Congress explaining the rationale and legal authority under which such an action was launched. The statute clarifies that the president can only take military action under three circumstances: "(1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."
In a statement, U.S. President Joe Biden called the Yemen strikes "defensive," signaling the administration's intention to invoke Article II of the Constitution as its legal foundation for Thursday's bombing campaign. Article II designates the president as commander-in-chief of the U.S. armed forces, and it has been used by multiple administrations as a blank check for military action.
Yemen's Houthis have been targeting ships in the Red Sea since October, when Israel launched its devastating assault on the Gaza Strip in response to a deadly Hamas-led attack. The Houthis say they are acting to prevent genocide by blockading ships headed for Israel.
The U.S. and allied nations have been working to repel Houthi attacks on commercial vessels since October, shooting down Houthi drones and missiles and sinking Houthi ships in the Red Sea.
The White House
said Thursday that Houthi attacks on commercial shipping have had "very little" impact on the U.S. economy.
Stephen Miles, the president of Win Without War, called the U.S. strikes on Yemen "deeply troubling," arguing that "it's an action clearly at odds with both the Constitution and the War Powers Resolution."
"Congressional authorization isn't some sort of courtesy, it's a legal requirement for this kind of act," Miles wrote. "And since we're all about to hear a whole lot about 'self-defense' let's be very clear. Under the WPR, presidents are required to seek authorization before knowingly introducing U.S. forces into where combat may become imminent. It was written expressly for situations like this."
Rep. Barbara Lee (D-Calif.) said Thursday that the worsening cycle of violence in the Middle East is why she "called for a cease-fire early."
"Violence only begets more violence," Lee added. "We need a cease-fire now to prevent deadly, costly, catastrophic escalation of violence in the region."
This story has been updated to include comment from Rep. Barbara Lee.
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