By ELLEN KNICKMEYER (Associated Press)
This week, President Joe Biden had a key deadline under the War Powers Resolution, a law that gives Congress the authority to declare war and approve military action. He needed to get Congress’ approval to continue the military campaign against Yemen’s Houthis.
The deadline passed without any public statement, even though Senate Democrats are unhappy about the Biden administration ignoring some of the rules that would give Congress more control over the country’s growing military involvement in the Middle East.
The Biden administration argues that it is not required to change its military support for Israel's war in Gaza, its military strikes on the Houthis, or to allow Congress more oversight or control. Senate Democrats are struggling with how much they should confront a president from their own party about his military power, especially as Biden is facing a tough reelection campaign.The Democrats' ability to act is limited because they only control one chamber, the Senate, where some Democrats and many Republicans support Biden's military actions in the Middle East. Biden's approach gives him more freedom in how he conducts U.S. military engagement since Hamas' attacks in October, but it also risks making any crisis worse if things go wrong.James A. Siebens, leader of the Defense Strategy and Planning project at the Stimson Center in Washington, called it a “latent constitutional crisis.”
The conflicts in the Middle East have reignited the ongoing clash between presidents, who are the commanders in chief, and Congress, which has the power to start and stop wars and control their funding.
U.S. and British warships, planes, and drones started attacking Houthi targets in Yemen on Jan. 11, followed by hundreds of U.S. strikes. These strikes are aimed at countering increased attacks by the Iran-backed Houthis on international shipping in the Red Sea since the start of the Israel-Hamas war.
Biden formally informed Congress the next day. The administration made it clear that the U.S. military campaign is defensive and does not fall under the War Powers Resolution.
The resolution gives presidents 60 days after notifying Congress about sending U.S. forces into armed conflict to get its approval to continue fighting, or to withdraw U.S. troops. This deadline was on Tuesday.
The White House still insists that the military actions are meant to defend U.S. forces and do not fall under the 60-day provision of the resolution.
The War Powers Resolution was passed by Congress in 1973 to limit the president's power over wars abroad, following President Richard Nixon's expansion of the Vietnam War.
In the past, presidents have often argued that U.S. involvement in conflicts doesn’t count as “hostilities” or fall under the resolution. If lawmakers disapprove, they can pressure the executive branch to seek an authorization of military force, try to get Congress to formally order the president to withdraw, withhold funding, or increase congressional oversight.
Democratic Sen. Chris Murphy plans to introduce legislation soon to authorize the U.S. campaign against the Houthis with specific limits on the time, geographical range, and scope. This plan has not been reported before.
Murphy and other Democrats in Congress are worried about the effectiveness of the U.S. attacks on the Houthis, the risk of further regional escalation, and the lack of clarity on the administration’s end game. They wonder why the administration sees it as the U.S. military’s mission to protect a global shipping route.
Sen. Tim Kaine, a Virginia Democrat, told a Senate Foreign Relations subcommittee hearing that the U.S. strikes on the Houthis are 'hostilities' without congressional authorization. He thinks it's not even close.
When asked what happens now that the 60 days are up, Kaine said it would be premature for Congress to consider authorizing the U.S. action against the Houthis without understanding the strategy.
Idaho Sen. James Risch, the top Republican on the Senate Foreign Relations Committee, had no doubts.
Risch said this week, 'I believe that the president has all the power that he needs under the Constitution to do what he’s doing in Yemen.'
The soaring death toll among Palestinian civilians in Gaza has stirred the most protests from Congress. The Israel-Hamas war also has a far higher profile in U.S. domestic politics. While many Americans oppose any cut in military support to Israel, a growing number of Democrats have started withholding votes from Biden in state presidential primaries to demand more U.S. action for Gaza’s trapped people.
Some in Congress were frustrated early in the war that the administration bypassed congressional review to rush additional military aid to Israel, by declaring a national security emergency.
A presidential order negotiated with Senate Democrats requires Israel to certify by March 25 that it will abide by international law when using U.S. weapons in Gaza and will not impede humanitarian aid to Palestinian civilians — or face a possible cut in U.S. military aid.
The United Nations has said Israeli restrictions are preventing many aid trucks from getting into Gaza. The U.S. this month began air drops and work on a sea route to get more food and other vital goods into the territory.
Some in Congress are urging the administration to cut the military aid now, under existing federal law requiring countries that receive U.S. military support to use it in compliance with international law, including by allowing humanitarian access to civilians in conflicts.
A group of Senate Democrats and independent Sen. Bernie Sanders told Biden this week that it was clear that Israel was blocking humanitarian aid to Gaza. They recommended him to immediately stop military aid, unless Israeli Prime Minister Benjamin Netanyahu’s government changes its actions, as per existing U.S. foreign assistance laws.
“I’m still surprised” that the administration hasn’t taken action, Maryland Democrat Chris Van Hollen, one of the senators pushing hardest on the point, said.
Associated Press writer Farnoush Amiri contributed.
The conflicts in the Middle East have brought back a long-standing disagreement between presidents and Congress, which has the power to authorize or stop wars, or smaller military actions, and controls their funding.
A group of Senate Democrats and independent Sen. Bernie Sanders wrote Biden this week that it was already plain that Israel was obstructing humanitarian aid to Gaza. They urged him to cut military aid immediately, absent a turnaround by Israeli Prime Minister Benjamin Netanyahu’s government, under existing laws on U.S. foreign assistance.
“I’m still flabbergasted” that the administration hasn’t acted, Maryland Democrat Chris Van Hollen, one of the senators pushing hardest on the point, said.
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Associated Press writer Farnoush Amiri contributed.
