Biden’s war on Yemen and the Constitution
For decades now, Congress has refused to do its job when it comes to curtailing the power of the president to wage war. President Joe Biden's bombings of the Houthis in Yemen are not only the latest in a long line of constitutional violations, but a reckless escalation of unauthorized American meddling in the Middle East.
Beginning last week,
Biden has authorized bombings of the Houthi movement in Yemen.
In response to Israel’s war on Hamas in Gaza, the Houthis have attacked commercial ships in the Gulf of Aden and the Red Sea.
While such actions are no doubt unacceptable, it’s by no means an excuse for President Biden to unilaterally take military action against the Houthis without first getting congressional authorization.
As several current and former members of Congress have noted, the Biden administration evidently took the time to get buy-in from leaders of other countries, including the United Kingdom, which has participated in the bombings of the Houthis.
But the constitutional process of getting authorization from Congress was sidestepped.
“If President Biden had enough time to form a multinational coalition to plan and conduct strikes in Yemen, then he had enough time to seek and obtain an authorization from Congress as our Constitution requires,” noted former Rep. Justin Amash of Michigan. “Without this authorization, any nondefensive military action is unconstitutional and unlawful.”
Echoing these concerns
have been members of Congress from both sides of the political aisle who understand the problem of ceding all decision-making to the executive branch.
“I think this has increased the risk of retaliation against our embassies and retaliation against our troops,” said California Rep. Ro Khanna, a progressive Democrat, on CNN. “And that’s why I don’t understand how they did not come to Congress. How did the White House have the time to talk to the Canadians, the British, the Australians but not to members of Congress?”
“The United States has been involved in hostilities in Yemen, in one form or another, for over 5 years now,” noted Rep. Thomas Massie, R-kentucky. “The sad reality is Congress frequently refuses to assert its authority.”
President Biden’s recent actions come after American troops have come under fire in Syria, another country American troops shouldn’t be in, especially without congressional authorization.
Alas, President Biden, who as a member of the U.S. Senate cheered on many illfated wars around the world, hasn’t learned a thing about the U.S. Constitution. And most members of Congress are likely to stay quiet as he decides to put more American troops in harm’s way.