The Palm Beach Post

Biden is late – but right – to strike Yemen’s Houthis

- Jonah Goldberg

is driven by a passionate commitment to human rights, but seems to have no noticeable objections to Houthi atrocities (or Hamas atrocities), including the Houthis’ restoratio­n of slavery in Yemen.

Anti-Semitism, we’re constantly told, has nothing to do with anti-Zionism. The official slogan of the Houthis is “God is great, death to the U.S., death to Israel, curse the Jews, and victory for Islam.” You can tell me that “death to Israel” is merely anti-Zionist. But “curse the Jews”?

Perhaps because such hypocrisy is so hard to defend, the substance of opposition to the strikes, at home and abroad, is either to American military “escalation” or to escalation without required congressio­nal approval (or parliament­ary approval in the U.K.). Rep. Pramila Jayapal (D-Washington) declared, “This is an unacceptab­le violation of the Constituti­on. Article 1 requires that military action be authorized by Congress.”

Throughout this crisis, “escalation” has been code for striking back. Even in the immediate hours after Hamas’ butchery, there were demands that Israel not “escalate” by responding. As for America, many opponents of escalation had no problem with Houthi and Iranian “escalation” by indiscrimi­nately attacking global shipping and threatenin­g American interests.

This illustrate­s the weakness of the constituti­onal argument. In March 1801, President Jefferson dispatched two-thirds of the U.S. Navy to wage war on the Barbary pirates. He didn’t formally notify Congress until December. As legal historian Robert Turner notes, “the Annals of Congress reveal no expression of concern that the president should first have obtained prior legislativ­e sanction.”

The constituti­onally dubious War Powers Act requires congressio­nal authorizat­ion for the use of force, except in cases of “a national emergency created by attack upon the United States, its territorie­s or possession­s, or its Armed Forces.” Even if, for some tendentiou­s reason, you do not believe the Houthi attacks qualify for the exception, it’s worth rememberin­g they’re just one facet of broader Iranian aggression — and escalation.

I have no objection to getting congressio­nal buy-in, and Biden’s critics have a point: If he was willing to wait this long to respond to the Houthi attacks, he could have consulted with Congress.

But that’s the real problem: he shouldn’t have waited this long in the first place.

Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast.

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