Biden’s Strikes in Yemen Are Unconstitutional, Bipartisan Members of Congress Say

The U.S. and U.K. led a series of airstrikes in Yemen on Thursday evening, setting off alarms globally about how the attacks play into the smoldering regional risk of conflict — including a stream of questions from Congress about whether Joe Biden was legally authorized to conduct the strikes at all.

In a statement, Biden said, “Today, at my direction, U.S. military forces—together with the United Kingdom and with support from Australia, Bahrain, Canada, and the Netherlands—successfully conducted strikes against a number of targets in Yemen used by Houthi rebels to endanger freedom of navigation in one of the world’s most vital waterways.”

Yemen’s Houthis responded to Israel’s bombardment of the Gaza Strip by attacking and blocking commercial ships in the Red Sea destined for or originating from Israeli ports. The attacks led to the near total shutdown of Israel’s port of Eilat in recent weeks. 

With Israel being brought before the International Court of Justice in The Hague, Netherlands, for allegedly committing genocide against Palestinians in Gaza, the Houthi blockade of Israeli trade in the Red Sea could gain a newfound global legitimacy.

The strikes in Yemen more directly involved the U.S. in Israel’s war against Hamas and Hezbollah, which, like the Houthis, are backed by Iran. Biden justified the strikes as a “defensive action” — a nod to the issue of presidential powers — and promised more measures to secure the Red Sea. “I will not hesitate to direct further measures to protect our people and the free flow of international commerce as necessary,” Biden said.

Immediately following the strikes, however, bipartisan members of Congress called into question the constitutionality of the attack. “It’s great to see the bipartisan opposition to this from the progressive left and populist right,” said Aída Chávez of Just Foreign Policy. “It’s appalling that instead of acting to stop Israeli war crimes, the Biden administration chose to further damage both our global reputation and our Constitutional system by launching a new unauthorized conflict against Yemen.” 

Progressives led the way in questioning Biden’s attack, but more moderate Democrats and a clutch of Republicans quickly followed suit.

“.@POTUS is violating Article I of the Constitution by carrying out airstrikes in Yemen without congressional approval,” tweeted Rep. Rashida Tlaib, D-Mich. “The American people are tired of endless war.”

“The President needs to come to Congress before launching a strike against the Houthis in Yemen and involving us in another middle east conflict. That is Article I of the Constitution. I will stand up for that regardless of whether a Democrat or Republican is in the White House.” said Rep. Ro Khanna, D-Calif. 

“Section 2C of the War Powers Act is clear: POTUS may only introduce the U.S. into hostilities after Congressional authorization or in a national emergency when the U.S. is under imminent attack. Reporting is not a substitute. This is a retaliatory, offensive strike.”

“This is why I called for a ceasefire early. This is why I voted against war in Iraq,” said Rep. Barbara Lee, D-Calif. “Violence only begets more violence. We need a ceasefire now to prevent deadly, costly, catastrophic escalation of violence in the region.”

“The United States cannot risk getting entangled into another decades-long conflict without Congressional authorization. The White House must work with Congress before continuing these airstrikes in Yemen,” posted Rep. Mark Pocan, D-Wis.

“These airstrikes have NOT been authorized by Congress. The Constitution is clear: Congress has the sole authority to authorize military involvement in overseas conflicts. Every president must first come to Congress and ask for military authorization, regardless of party,” said Rep. Val Hoyle, D-Ore. 

Khanna’s tweets sparked several Republicans to weigh in, most prominently Sen. Mike Lee of Utah, who said, “I totally agree with @RoKhanna. The Constitution matters, regardless of party affiliation.”

“Only Congress has the power to declare war,” tweeted Rep. Thomas Massie, a Republican from Kentucky. “I have to give credit to @RepRoKhanna here for sticking to his principles, as very few are willing to make this statement while their party is in the White House.”

“Ro is absolutely correct on this,” said Republican Rep. Matt Gaetz of Florida.

Far-right Republican Georgia Rep. Marjorie Taylor Greene said, “The President must come to Congress for permission before going to war. Biden can not solely decide to bomb Yemen.”

“Exactly. We did not declare war. Biden needs to address Congress!” Rep. Anna Paulina Luna, a Republican from Florida, added in response to Khanna and Lee.

“The U.S. has a solemn responsibility to protect our service members in harm’s way, and free and open laws of the sea. While I’m glad that congressional leadership was briefed, Congress alone authorizes war. I’m also concerned this strike could lead to further escalation,” posted Rep. Sara Jacobs, D-Calif.

“.@POTUS can’t launch airstrikes in Yemen without congressional approval,” iterated Rep. Cori Bush, D-Mo. “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.”

“The President must come to Congress before launching a strike and embroiling the US in another conflict. Article I of the Constitution demands this of both Democratic and Republican presidents,” said Rep. Summer Lee, D-Penn. “Americans don’t want more of our tax dollars funding these endless wars.” 

At the same time, several members of Congress expressed strong support for the strikes, as part of a broader push by Republicans for a military confrontation with Iran. 

Rep. Seth Moulton, D-Mass., said the attack was justified: “These strikes are necessary, responsive, and proportionate—not escalatory. President Biden is right to act,” he said. “The Houthi attacks imperil the global economy and increase the risk of a wider war. Minimizing the risk of a regional conflict is the utmost priority.”

“The air strikes against these Iranian proxies is long overdue. The US must respond strongly to attacks against Americans or our interests, including freedom of navigation,” said Rep. Max Miller, R-Ohio. “I hope these operations shift Biden’s posture from appeasement of Iran & its terrorist puppets.”

“We must stand in full support of sending the strongest message possible to the Iran-backed Houthi militants,” posted Rep. Don Davis, D-N.C.

“Iran sowed hatred across the Middle East, and the world is now reaping endless attacks from Hezbollah, Hamas and Houthis,” said Rep. Brian Mast of Florida, who showed up to Congress in an Israel Defense Forces uniform on October 13, 2023. “It’s simple: If Iran is the state sponsor of terrorism, then Houthis are the terrorists. @POTUS should re-designate the Houthis as a terrorist group TODAY.”

“Iran, the largest state sponsor of terrorism in the world, only understands one thing: strength. Today’s show of force against Iranian proxies that threaten American vessels in the Red Sea is long overdue. The sooner this administration embraces peace through strength in foreign policy, the safer we will be,” posted Sen. Markwayne Mullin of Oklahoma.

While Biden justified his Yemen strikes without congressional authorization, in 2020, when President Donald Trump was escalating hostilities with Iran, he was a staunch defender of the notion that Congress should be consulted before taking military action that could spark U.S. involvement in a regional war. 

“Let’s be clear: Donald Trump does not have the authority to take us into war with Iran without Congressional approval,” Biden said on Twitter at the time. “A president should never take this nation to war without the informed consent of the American people.”

Correction: Friday, January 12, 2024
Rep. Thomas Massie represents a district in Kentucky, not a district in West Virginia.