jfid – President of the United States, Joe Biden, faces criticism from some members of the US Congress who believe that the airstrike he ordered on Yemen on Friday (12/1/2024) violates the constitution.
The attack was carried out in conjunction with the UK in response to Houthi forces attacking shipping in the Red Sea.
However, legal and security experts argue that Biden has sufficient legal grounds for the military action, based on provisions in the US constitution and laws. They also emphasize that the long-term response will depend on the evolving situation on the ground.
US Constitution: Congress or President?
One argument used by Biden’s critics is that Article 1 of the US Constitution grants the authority to Congress to declare war, not the president.
This is intended as one of the oversight and balancing mechanisms in the US political system.
However, this argument is not very strong because Article 2 of the Constitution also designates the president as the supreme commander of the armed forces and grants him the right to use military force without congressional authorization for defense purposes.
In this case, Biden can argue that the attack on Yemen is to protect US interests threatened by Houthi attacks on US bases in Iraq and Syria and commercial ships in the Red Sea.
War Powers Act: Limitation or Flexibility?
In addition to the constitution, the president’s use of military force is also governed by the War Powers Resolution, enacted by Congress in 1973 after the Vietnam War.
This resolution aims to control the president’s war powers by requiring military actions without a declaration of war or specific legal authorization to be stopped within 60 days.
The resolution also requires the president to report to Congress within 48 hours after an attack.
However, this resolution also provides flexibility for the president to take limited military actions without congressional approval, as long as he provides sufficient information to Congress.
This is what Biden did by informing Congress about the attack on Yemen but not seeking their permission.
Precedents and Prospects: What Will Happen Next?
Biden is not the first president to carry out military strikes without congressional approval.
Previous presidents, both from the Democratic and Republican parties, have done similar actions, such as Donald Trump killing Iranian military commander Qassem Soleimani in Iraq in 2020 and Barack Obama authorizing airstrikes in Libya in 2011.
However, these actions also faced criticism and protests from Congress, feeling excluded from decision-making.
Congress even passed resolutions to limit the president’s war powers, but they were vetoed by the president.
Experts say that Congress’s reaction to Biden’s attack on Yemen will depend on what happens on the ground.
If the conflict with the Houthi does not escalate, and the US government continues to communicate with Congress, the impact may be smaller.
However, if there is further escalation, Congress may demand a greater voice in US foreign policy.
