Are U.S. Strikes on Houthis Constitutional?
Joe Biden is the latest of a string of presidents to deny Congress its rightful role in war making.
Since January, the United States and its allies have been conducting strikes against the Houthis, a Yemen-based Islamist militant organization that has been attacking commercial ships in the Red Sea. These attacks, the Houthis claim, are a gesture of support for Hamas in its war against Israel. There have been no American casualties so far, but the attacks have caused major disruptions for one of the world's most important shipping routes.
"These attacks have endangered U.S. personnel, civilian mariners, and our partners, jeopardized trade, and threatened freedom of navigation," President Joe Biden declared in a January 11 statement. "I will not hesitate to direct further measures to protect our people and the free flow of international commerce as necessary."
Biden notified Congress of the strikes beforehand, but he didn't ask for authorization as Article I, Section 8 of the Constitution mandates. By ignoring this procedural requirement in the name of a broadly defined national interest, the president risks engaging the U.S. in a slow-burning, long-lasting conflict with little accountability and the looming possibility of escalation.
"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," wrote a bipartisan coalition of nearly 30 lawmakers in late January. "No President, regardless of political party, has the constitutional authority to bypass Congress on matters of war."
Biden is the latest of a string of presidents to deny Congress its rightful role in war making. Congress issued its last official declaration of war over 80 years ago. Since then, presidents have relied on blank-check authorizations for the use of military force, which they stretch to justify operations well beyond the emergencies they were meant to address.
Biden claimed the strikes against the Houthis are compliant with the 1973 War Powers Resolution, which requires that the president notify Congress of any military action within 48 hours. But the coalition argued he can only legally "introduce U.S. forces into hostilities" after Congress declares war or issues "a specific statutory authorization," or in the event of "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," wrote the lawmakers, "and we believe there was ample time to come to Congress for authorization before initiating these strikes."
Without a meaningful way to hold the president accountable for military adventurism, there's always the risk that the U.S. will become entrenched in yet another conflict without a narrowly defined reason to be there—or an attainable goal.
