Biden’s Strikes in Yemen Are Unconstitutional, Bipartisan Members of Congress Say
The U.S. and U.K. led a series of airstrikes in Yemen on Thursday evening, setting off alarms globally about how the attacks play into the smoldering regional risk of conflict - including a stream of questions from Congress about whether Joe Biden was legally authorized to conduct the strikes at all.
In a statement, Biden said, Today, at my direction, U.S. military forces-together with the United Kingdom and with support from Australia, Bahrain, Canada, and the Netherlands-successfully conducted strikes against a number of targets in Yemen used by Houthi rebels to endanger freedom of navigation in one of the world's most vital waterways."
Yemen's Houthis responded to Israel's bombardment of the Gaza Strip by attacking and blocking commercial ships in the Red Sea destined for or originating from Israeli ports. The attacks led to the near total shutdown of Israel's port of Eilat in recent weeks.
With Israel being brought before the International Court of Justice in The Hague, Netherlands, for allegedly committing genocide against Palestinians in Gaza, the Houthi blockade of Israeli trade in the Red Sea could gain a newfound global legitimacy.
The strikes in Yemen more directly involved the U.S. in Israel's war against Hamas and Hezbollah, which, like the Houthis, are backed by Iran.Biden justified the strikes as a defensive action" - a nod to the issue of presidential powers - and promised more measures to secure the Red Sea. I will not hesitate to direct further measures to protect our people and the free flow of international commerce as necessary," Biden said.
Immediately following the strikes, however, bipartisan members of Congress called into question the constitutionality of the attack. It's great to see the bipartisan opposition to this from the progressive left and populist right," said Aida Chavez of Just Foreign Policy. It's appalling that instead of acting to stop Israeli war crimes, the Biden administration chose to further damage both our global reputation and our Constitutional system by launching a new unauthorized conflict against Yemen."
Progressives led the way in questioning Biden's attack, but more moderate Democrats and a clutch of Republicans quickly followed suit.
.@POTUS is violating Article I of the Constitution by carrying out airstrikes in Yemen without congressional approval," tweeted Rep. Rashida Tlaib, D-Mich. The American people are tired of endless war."
.@POTUS is violating Article I of the Constitution by carrying out airstrikes in Yemen without congressional approval. The American people are tired of endless war.
- Congresswoman Rashida Tlaib (@RepRashida) January 12, 2024
The President needs to come to Congress before launching a strike against the Houthis in Yemen and involving us in another middle east conflict. That is Article I of the Constitution. I will stand up for that regardless of whether a Democrat or Republican is in the White House." said Rep. Ro Khanna, D-Calif.
Section 2C of the War Powers Act is clear: POTUS may only introduce the U.S. into hostilities after Congressional authorization or in a national emergency when the U.S. is under imminent attack. Reporting is not a substitute. This is a retaliatory, offensive strike."
The President needs to come to Congress before launching a strike against the Houthis in Yemen and involving us in another middle east conflict. That is Article I of the Constitution. I will stand up for that regardless of whether a Democrat or Republican is in the White House.
- Ro Khanna (@RoKhanna) January 11, 2024
Section 2C of the War Powers Act is clear: POTUS may only introduce the U.S. into hostilities after Congressional authorization or in a national emergency when the U.S. is under imminent attack. Reporting is not a substitute. This is a retaliatory, offensive strike.
- Ro Khanna (@RoKhanna) January 12, 2024
This is why I called for a ceasefire early. This is why I voted against war in Iraq," said Rep. Barbara Lee, D-Calif. Violence only begets more violence. We need a ceasefire now to prevent deadly, costly, catastrophic escalation of violence in the region."
This is why I called for a ceasefire early. This is why I voted against war in Iraq.
- Rep. Barbara Lee (@RepBarbaraLee) January 12, 2024
Violence only begets more violence. We need a ceasefire now to prevent deadly, costly, catastrophic escalation of violence in the region. https://t.co/acd6bwiRPF
The United States cannot risk getting entangled into another decades-long conflict without Congressional authorization. The White House must work with Congress before continuing these airstrikes in Yemen," posted Rep. Mark Pocan, D-Wis.
The United States cannot risk getting entangled into another decades-long conflict without Congressional authorization. The White House must work with Congress before continuing these airstrikes in Yemen. https://t.co/IovPPE3ayn
- Rep. Mark Pocan (@RepMarkPocan) January 12, 2024
These airstrikes have NOT been authorized by Congress. The Constitution is clear: Congress has the sole authority to authorize military involvement in overseas conflicts. Every president must first come to Congress and ask for military authorization, regardless of party," said Rep. Val Hoyle, D-Ore.
These airstrikes have NOT been authorized by Congress. The Constitution is clear: Congress has the sole authority to authorize military involvement in overseas conflicts. Every president must first come to Congress and ask for military authorization, regardless of party. https://t.co/Yo4QOWfbgr
- Val Hoyle (@RepValHoyle) January 11, 2024
Khanna's tweets sparked several Republicans to weigh in, most prominently Sen. Mike Lee of Utah, who said, I totally agree with @RoKhanna. The Constitution matters, regardless of party affiliation."
I totally agree with @RoKhanna.
- Mike Lee (@BasedMikeLee) January 12, 2024
The Constitution matters, regardless of party affiliation. https://t.co/74ofiUw0Hb
Only Congress has the power to declare war," tweeted Rep. Thomas Massie, a Republican from Kentucky. I have to give credit to @RepRoKhanna here for sticking to his principles, as very few are willing to make this statement while their party is in the White House."
Only Congress has the power to declare war. I have to give credit to @RepRoKhanna here for sticking to his principles, as very few are willing to make this statement while their party is in the White House. https://t.co/kD95sII05J
- Thomas Massie (@RepThomasMassie) January 12, 2024
Ro is absolutely correct on this," said Republican Rep. Matt Gaetz of Florida.
Ro is absolutely correct on this. https://t.co/W8CzLDKwEx
- Matt Gaetz (@mattgaetz) January 12, 2024
Far-right Republican Georgia Rep. Marjorie Taylor Greene said, The President must come to Congress for permission before going to war. Biden can not solely decide to bomb Yemen."
The President must come to Congress for permission before going to war.
- Rep. Marjorie Taylor Greene?? (@RepMTG) January 12, 2024
Biden can not solely decide to bomb Yemen.
And what is the condition of Secretary of Defense Lloyd Austin? Is he still laid up in the hospital?
Biden admin wants to fund war in Ukraine, control the war in...
Exactly. We did not declare war. Biden needs to address Congress!" Rep. Anna Paulina Luna, a Republican from Florida, added in response to Khanna and Lee.
Exactly. We did not declare war. Biden needs to address Congress! @BasedMikeLee @RoKhanna https://t.co/m5Swutc2Xq
- Anna Paulina Luna (@realannapaulina) January 12, 2024
The U.S. has a solemn responsibility to protect our service members in harm's way, and free and open laws of the sea. While I'm glad that congressional leadership was briefed, Congress alone authorizes war. I'm also concerned this strike could lead to further escalation," posted Rep. Sara Jacobs, D-Calif.
The U.S. has a solemn responsibility to protect our service members in harm's way, and free and open laws of the sea. While I'm glad that congressional leadership was briefed, Congress alone authorizes war. I'm also concerned this strike could lead to further escalation. https://t.co/9w4zbThX67
- Congresswoman Sara Jacobs (@RepSaraJacobs) January 12, 2024
.@POTUS can't launch airstrikes in Yemen without congressional approval," iterated Rep. Cori Bush, D-Mo. This is illegal and violates Article I of the Constitution. 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."
.@POTUS can't launch airstrikes in Yemen without congressional approval.
- Congresswoman Cori Bush (@RepCori) January 12, 2024
This is illegal and violates Article I of the Constitution.
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. https://t.co/PFYYoknib6
The President must come to Congress before launching a strike and embroiling the US in another conflict. Article I of the Constitution demands this of both Democratic and Republican presidents," said Rep. Summer Lee, D-Penn. Americans don't want more of our tax dollars funding these endless wars."
The President must come to Congress before launching a strike and embroiling the US in another conflict. Article I of the Constitution demands this of both Democratic and Republican presidents.
- Congresswoman Summer Lee (@RepSummerLee) January 12, 2024
Americans don't want more of our tax dollars funding these endless wars.
At the same time, several members of Congress expressed strong support for the strikes, as part of a broader push by Republicans for a military confrontation with Iran.
Rep. Seth Moulton, D-Mass., said the attack was justified: These strikes are necessary, responsive, and proportionate-not escalatory. President Biden is right to act," he said. The Houthi attacks imperil the global economy and increase the risk of a wider war.Minimizing the risk of a regional conflict is the utmost priority."
These strikes are necessary, responsive, and proportionate-not escalatory. President Biden is right to act.
- Seth Moulton (@sethmoulton) January 12, 2024
The Houthi attacks imperil the global economy and increase the risk of a wider war. Minimizing the risk of a regional conflict is the utmost priority.
The air strikes against these Iranian proxies is long overdue. The US must respond strongly to attacks against Americans or our interests, including freedom of navigation," said Rep. Max Miller, R-Ohio. I hope these operations shift Biden's posture from appeasement of Iran & its terrorist puppets."
The air strikes against these Iranian proxies is long overdue. The US must respond strongly to attacks against Americans or our interests, including freedom of navigation.
- Congressman Max Miller (@RepMaxMiller) January 12, 2024
I hope these operations shift Biden's posture from appeasement of Iran & its terrorist puppets. https://t.co/sAIRYh2cl1
We must stand in full support of sending the strongest message possible to the Iran-backed Houthi militants," posted Rep. Don Davis, D-N.C.
We must stand in full support of sending the strongest message possible to the Iran-backed Houthi militants. https://t.co/T9eCnsxjnv
- Congressman Don Davis (@RepDonDavis) January 12, 2024
Iran sowed hatred across the Middle East, and the world is now reaping endless attacks from Hezbollah, Hamas and Houthis," said Rep. Brian Mast of Florida, who showed up to Congress in an Israel Defense Forces uniform on October 13, 2023. It's simple: If Iran is the state sponsor of terrorism, then Houthis are the terrorists. @POTUSshould re-designate the Houthis as a terrorist group TODAY."
Iran sowed hatred across the Middle East, and the world is now reaping endless attacks from Hezbollah, Hamas and Houthis.
- Rep. Brian Mast (@RepBrianMast) January 12, 2024
It's simple: If Iran is the state sponsor of terrorism, then Houthis are the terrorists. @POTUS should re-designate the Houthis as a terrorist group TODAY.
Iran, the largest state sponsor of terrorism in the world, only understands one thing: strength. Today's show of force against Iranian proxies that threaten American vessels in the Red Sea is long overdue. The sooner this administration embraces peace through strength in foreign policy, the safer we will be," posted Sen. Markwayne Mullin of Oklahoma.
Iran, the largest state sponsor of terrorism in the world, only understands one thing: strength. Today's show of force against Iranian proxies that threaten American vessels in the Red Sea is long overdue. The sooner this administration embraces peace through strength in foreign...
- Markwayne Mullin (@SenMullin) January 12, 2024
While Biden justified his Yemen strikes without congressional authorization, in 2020, when President Donald Trump was escalating hostilities with Iran, he was a staunch defender of the notion that Congress should be consulted before taking military action that could spark U.S. involvement in a regional war.
Let's be clear: Donald Trump does not have the authority to take us into war with Iran without Congressional approval," Biden said on Twitter at the time. A president should never take this nation to war without the informed consent of the American people."
Let's be clear: Donald Trump does not have the authority to take us into war with Iran without Congressional approval. A president should never take this nation to war without the informed consent of the American people.
- Joe Biden (@JoeBiden) January 6, 2020
Correction: Friday, January 12, 2024
Rep. Thomas Massie represents a district in Kentucky, not a district in West Virginia.
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