Congress’ far-left “Squad” condemned President Biden for launching airstrikes against the Houthis in Yemen, saying he violated the Constitution by not first seeking congressional approval.
Mr. Biden on Thursday ordered strikes against the militants following attacks on shipping vessels in the Red Sea. The Iranian-backed Houthis, which are in Yemen, have repeatedly attacked ships in response to Israel’s war on Hamas in Gaza.
The U.S. strikes were carried out in tandem with the U.K. and assistance from Australia, Bahrain, Canada and the Netherlands.
Progressive Democrats in the House who have taken a strong anti-Israel stance in the war expressed outrage. Reps. Rashida Tlaib of Michigan and Cori Bush of Missouri hammered Mr. Biden for acting unilaterally.
“@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,” Ms. Tlaib wrote on X.
Another Squad member, Rep. Summer Lee of Pennsylvania, chimed in: “Americans don’t want more of our tax dollars funding these endless wars.”
Asked about the criticism from some within his own party, Mr. Biden said, “they’re wrong.”
Other Democrats and some Republicans similarly objected to the executive end run around Congress.
Article I of the Constitution grants only Congress the power to declare war and prohibits the president from entering any agreement or conflict or to “engage in war” without congressional approval unless “actually invaded or such imminent danger as will not admit of delay.”
It’s unclear, however, if the strikes in Yemen meet the definition of conflict or “war” under Article I.
A Congressional Research Service analysis in 2020 found that several times during the Obama and Trump presidencies, the Justice Department Office of Legal Counsel argued that the president could act without congressional approval if they determined the action serves “important national interests” and “must not rise to the level of war.”
Article II of the Constitution, which establishes the powers and responsibilities of the executive branch of the federal government, has been used to justify the president’s authority to “direct the use of military force to protect the Nation from an attack or threat of imminent attack and to protect important national interests.”
The War Powers Act of 1973, passed during the Vietnam War, was intended to limit a president’s authority to wage war without first consulting with Congress. It authorizes the president may legally send U.S. troops into a conflict under a formal declaration of war, congressional authorization or an emergency attack upon the United States.
Many presidents have interpreted “consult” differently and it grants Congress no legal authority if a president acts unilaterally.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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