Bipartisan Group of Two Dozen Lawmakers Say Biden’s Strikes in Yemen Are Unconstitutional

Iran Houthis - Joe Biden Yemen
UK Ministry of Defence/Anadolu via Getty Images, Drew Angerer/Getty Images
Kristina Wong

A bipartisan group of two dozen lawmakers wrote to President Joe Biden on Friday, calling his strikes in Yemen without congressional approval a violation of the law and the Constitutional.

In a letter led by Reps. Ro Khanna (D-CA) and Warren Davidson (R-OH), the 24 lawmakers wrote to Biden:

While we share your Administration’s concerns about Houthi threats in the Red Sea, we write with serious concern regarding unauthorized U.S. military strikes against the Houthis in Yemen. We urge your Administration to seek authorization from Congress before involving the U.S. in another conflict in the Middle East, potentially provoking Iran-backed militias that may threaten U.S. military servicemembers already in the region, and risking escalation of a wider regional war.

They noted that the Constitutiona clearly gives Congress the sole power to declare war and authorize U.S. military action. Biden so far has ordered eight rounds of strikes against the Houthis in Yemen without congressional authorization, and has made clear he will continue to do so. CNN also reported that the strikes are part of an operation the U.S. is calling “Operation Poseidon Archer,” signaling a sustained military campaign.

The lawmakers wrote:

The War Powers Resolution (WPR) of 1973 upholds Congress’s constitutional war powers authority: Section 2(c) of this law makes clear that the President can only introduce U.S. forces into hostilities 1) after a declaration of war by Congress, 2) after a specific statutory authorization from Congress, or 3) in a national emergency when the U.S. is under imminent attack.

We are not convinced that the circumstances of the U.S.’s strikes in Yemen meet the “national emergency” criteria outlined in Section 2(c), and we believe there was ample time to come to Congress for authorization before initiating these strikes.

Additionally, the reporting requirements in the WPR of 1973 do not supersede the prohibitions outlined in Section 2(c). The WPR of 1973 does not give blanket authority for a President to unilaterally involve U.S. military forces in a conflict if a President simply notifies Congress within 48 hours. The 48-hour reporting requirement only applies to a situation in which a President must act due to an attack or imminent attack against the United States. Unfortunately, Presidents of both parties have abused this law to conduct unauthorized military involvement in overseas conflicts.

They wrote, “For these reasons, we believe the U.S.’s unauthorized strikes in Yemen violate the Constitution and U.S. statute.”

The lawmakers asked Biden to provide the legal authority used to conduct the strikes, and urged him to seek congressional authorization for further strikes. They wrote:

As representatives of the American people, Congress must engage in robust debate before American servicemembers are put in harm’s way and before more U.S. taxpayer dollars are spent on yet another war in the Middle East. No President, regardless of political party, has the constitutional authority to bypass Congress on matters of war.

The signatories included members of the House Freedom Caucus and the Congressional Progressive Caucus — Reps. Andy Biggs (R-AZ); Jamaal Bowman (D-NY); Cori Bush (D-MO); Greg Casar (R-TX); Jesus “Chuy” Garcia (D-IL); Paul Gosar (R-AZ), Marjorie Taylor Greene (R-GA); Raul Grijalva (D-AZ), Harriet Hageman (R-WY), Val Hoyle (D-OR); Jonathan Jackson (D-IL); Pramila Jayapal (D-WA); Ro Khanna (D-CA); Barbara Lee (D-CA), Summer Lee (D-PA); Anna Paulina Luna (R-FL); Nancy Mace (R-SC); Thomas Massie (R-KY); Jim McGovern (D-MA); Eleanor Holmes Norton (D-DC); Alexandria Ocasio-Cortez (D-NY); Ilhan Omar (D-MN); Ayanna Pressley (D-MA); Delia Ramirez (D-IL); Rashida Tlaib (D-MI); and Nydia Velazquez (D-NY).

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