- US strikes Houthis in Yemen
- Criticism over constitutional violation
- International allies support actions
On Thursday, the United States initiated military operations against locations controlled by the Houthis, backed by Iran, in Yemen. The intention was to damage their military infrastructure.
In a statement, the United States Air Force claimed to have conducted intentional strikes against more than sixty targets at sixteen Houthi militant locations supported by Iran. The targets included command and control nodes, munitions depots, launching systems, production facilities, and air defense radar systems.
The joint operations with the United Kingdom, according to US President Joe Biden, aimed to demonstrate that the United States and its allies “will not tolerate” the Houthi’s assaults on shipping in the Red Sea. The United States military operations, backed by Canada, Australia, Bahrain, and the Netherlands, represented the initial significant reaction of the United States to Houthi assaults on Israeli-bound or Israeli-affiliated shipping.
Houthi attacks on international shipping have escalated to the point where major corporations, including Maersk, have been compelled to suspend operations in the Red Sea.
Republican and Democratic legislators have strongly attacked Biden for violating Article 1 of the US Constitution.
Therefore, what is the text of Article 1 of the Constitution, and has it been violated?
Define Article 1 of the United States Constitution.
Article 1 of the United States Constitution mandates that Congress must authorize war. Biden informed Congress of the impending attacks on Yemen prior to this week’s operations but did not request authorization. The article has long been known to limit the president’s military powers.
Section 8 of Article 1, the subject of intense debate, grants Congress the power to declare war: “The Congress shall possess the authority to… declare war.”
Clause 3, subsection 10, is the specific provision of the article that mandates explicit congressional sanction for military action. Its text reads as follows:
Without the consent of Congress, no state shall establish a Duty of Tonnage, retain military personnel or war vessels during times of peace, enter into a compact or agreement with another state or a foreign power, or wage war, unless it is imminently threatened with invasion or a situation that cannot be postponed.
What have legislators in the US said?
Democratic Party lawmaker Pramila Jayapal called the strikes “unacceptable violation of the Constitution” on Friday X.
Democratic Congresswoman Cori Bush echoed Jayapal’s sentiment in an email: “The American people do not want additional tax dollars to be spent on endless conflict and the slaughter of civilians. Cease the bombing and treat us better.”
Additional progressive legislators, such as Ro Khanna, Rashida Tlaib, and Mark Pocan, condemned the military action on social media, alleging that it violated Article 1.
However, Democrats were not the only ones who voiced opposition to Biden’s recent assaults. Mike Lee, a Republican, concurred with Ro Khanna’s X post and shared it. He authored, “The Constitution is significant, party affiliation notwithstanding.”
Representative Chip Roy, a Texan Republican, penned, “I am potentially fine with a strike against Yemen to defend a critical shipping channel and in response to aggression.” However, he questioned the absence of congressional sanction, asking, “By what authority was this operation conducted?”
Certain Republicans, such as Mitch McConnell, Joni Ernst, Roger Wicker, Rick Scott, and Lindsey Graham, expressed their agreement with Biden’s choice, believing that the strikes were long overdue.
What do proponents of the assaults assert?
The strikes were justified in a joint statement issued by the governments of Australia, Bahrain, Canada, Denmark, Germany, the Netherlands, New Zealand, the Republic of Korea, the United Kingdom, and the United States. Statement said acts were taken in accordance with UN Charter’s individual and collective self-defense principles.
The Biden administration and its supporters may use a different War Powers Act provision to justify the attacks.
To what does the War Powers Act pertain?
The US Congress passed the War Powers Resolution (War Powers Act) in November 1973.
Without a congressional declaration of war or permission, the president must notify Congress, per the Act. This notification must occur within a period of 48 hours of any military action. Furthermore, the military must conclude actions within 60 days of their inception.
The New York Times conducted a survey of presidential candidates in September 2023. Biden responded that he would seek congressional authorization to initiate a major war if elected in 2024. However, he added that he believes he has the authority to direct limited US military operations abroad that serve vital US interests without prior Congressional approval.
This is in contrast to Biden’s position in 2007, when he stated during a Q&A with the Boston Globe: “The Constitution is clear: only Congress may authorize war and the use of force, except in the event of an attack or the imminent threat of attack.”
Have Congress ever required presidential authorizations prior to military strikes?
Several US presidents have intervened militarily without congressional approval.
Presidential Military Actions Without Approval
The United States military executed operations against three locations utilized by Kataib Hezbollah, a prominent armed organization aligned with Iran, and other unidentified affiliated groups in Iraq, in December. Beforehand, Biden did not seek congressional approval.
Without congressional approval, the president of the United States authorized airstrikes against Syria in February 2021. This decision likewise garnered criticism from legislators.
In January 2020, Democrats raised concerns regarding the legality of former president Donald Trump’s directive. The directive aimed to eliminate Iranian military commander Qassem Soleimani without authorization from Congress.
Former president Barack Obama authorized airstrikes against Libya in March 2011 without obtaining formal authorization from Congress. Obama contended that the hostilities occurring in Libya did not qualify as “hostilities” necessitating congressional sanction.
Without congressional authorization, former president Bill Clinton escalated the 1999 NATO bombardment against Serbia in Kosovo.
Cabinet discusses military action against Yemen’s Houthi fighters
