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Congress blasts ‘unconstitutional’ US strikes on Yemen

  • By Al Mayadeen English
  • Source: News websites
  • 13 Jan 2024 13:56
  • 2 Shares
4 Min Read

US lawmakers accuse the Biden administration of breaching the US Consitution by attacking Yemen.

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  • President Joe Biden speaks at a campaign event at Montgomery County Community College in Blue Bell, Pa., Friday, Jan. 5, 2024. (AP)
    President Joe Biden speaks at a campaign event at Montgomery County Community College in Blue Bell, Pennsylvania, Friday, January 5, 2024. (AP)

US lawmakers have criticized the Biden administration's decision to launch attacks on Yemen's Ansar Allah resistance movement without seeking congressional approval, contending that the strikes breached the US Constitution.

"This is an unacceptable violation of the constitution," said Congresswoman Pramila Jayapal, a Washington Democrat and the chair of the Progressive Caucus. "Article 1 requires that military action be authorized by Congress."

Biden "is violating Article I of the Constitution by carrying out airstrikes in Yemen without congressional approval. The American people are tired of endless war," Rashida Tlaib, the sole Palestinian-American member of US Congress, said on X.

.@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.

— Congresswoman Rashida Tlaib (@RepRashida) January 12, 2024

President Joe Biden notified Congress on Thursday but chose not to seek its approval before declaring that a series of air and naval strikes had been launched on more than a dozen sites in Yemen by the United States and the United Kingdom.

Biden must engage with Congress

Backed by a coalition comprising Australia, Bahrain, Canada, and the Netherlands, the airstrikes led by the US faced swift condemnations from lawmakers. They contended that the Constitution was violated, asserting that the air strikes were carried out without seeking congressional approval, marking a breach of protocol by Biden.

"The United States cannot risk getting entangled into another decades-long conflict without congressional authorization," a Wisconsin Democrat, Mark Pocan wrote on X, calling on Biden to engage with Congress "before continuing these airstrikes in Yemen."

Biden "can’t launch airstrikes in Yemen without congressional approval", said Congresswoman Cori Bush on X, adding that "The people do not want more of our taxpayer dollars going to endless war and the killing of civilians. Stop the bombing and do better by us."

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.@POTUS can’t launch airstrikes in Yemen without congressional approval.

This is illegal and violates Article I of the Constitution.

The people do not want more of our taxpayer dollars going to endless war and the killing of civilians. Stop the bombing and do better by us. https://t.co/PFYYoknib6

— Congresswoman Cori Bush (@RepCori) January 12, 2024

While the authorization is exclusively granted to Congress, past presidents have frequently carried out military strikes in West Asia without seeking approval from the legislative branch.

Some legislators opposed to the airstrikes have previously supported bills seeking to end policies that give the president broad powers to engage in overseas warfare. This was particularly evident during Donald Trump's administration when lawmakers passed a War Powers resolution specifically addressing Yemen.

"The United States has been involved in hostilities in Yemen, in one form or another, for over 5 years now. The sad reality is Congress frequently refuses to assert its authority," US representative Thomas Massie wrote on X.

The United States has been involved in hostilities in Yemen, in one form or another, for over 5 years now. The sad reality is Congress frequently refuses to assert its authority.

Twice under Paul Ryan, the War Powers Act w.r.t. Yemen was subverted through parliamentary tricks. https://t.co/kAdi3WjmEt

— Thomas Massie (@RepThomasMassie) January 12, 2024

'Standing up for Article 1'

Meanwhile, Ro Khanna, a progressive from California who has been at the forefront of bipartisan efforts to reassert congressional control over the United States' foreign wars, also referenced Article 1 and pledged to "stand up for that regardless of whether a Democrat or Republican is in the White House."

Amid a deluge of tweets and criticisms from lawmakers, a 2020 post by Biden has resurfaced, wherein Biden criticized former US President Donald Trump when he brought Washington to the brink of war with Tehran by ordering the assassination of Iran’s top anti-terror commander, General Qassem Soleimani.

On January 6, 2020, Biden wrote: "Donald Trump does not have the authority to take us into war with Iran without Congressional approval. A president should never take this nation to war without the informed consent of the American people."

Let's be clear: Donald Trump does not have the authority to take us into war with Iran without Congressional approval. A president should never take this nation to war without the informed consent of the American people.

— Joe Biden (@JoeBiden) January 6, 2020

Michael Maloof, a former senior security policy analyst at the Pentagon, expressed concern that the Biden administration's choice to launch an attack on Yemen has placed the US in a precarious situation.

According to Maloof, this decision increases the risk of the US getting involved in a war, emphasizing that such actions could embolden "Israel" and encourage an escalation of the ongoing war in the Gaza Strip, adding that "What could stop it is if the US stops all of its exports of munitions to "Israel" at this point, because otherwise, you’re just feeding it, you’re feeding the fire here."

For months, high-ranking US officials have asserted that Biden is not inclined to witness the Israeli war on the Gaza Strip transform into a broader West Asian war. However, critics argue that with Thursday's lethal airstrikes, the US and the UK have demonstrated to the world their commitment to supporting the Israeli occupation's campaign in Gaza.

  • United States
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  • Joe Biden
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