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64
Jayapal: US-led strikes on Yemen ‘an unacceptable violation’ of Constitution (thehill.com)
submitted 5 months ago by little_cow to c/politics
30 comments fedilink hide all child comments
 

Rep. Pramila Jayapal (D-Wash.) criticized U.S.-led strikes on Yemen, saying they were “an unacceptable violation of the Constitution.”

“Article 1 requires that military action be authorized by Congress,” Jayapal added in her post on X, the platform formerly known as Twitter, late Thursday.

Other Democrats, including Rep. Ro Khanna (D-Calif.), also criticized the strikes.

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[–] Boddhisatva 72 points 5 months ago (2 children)

Per the article, this military action falls under the War Powers Act.

The Act requires the president to inform Congress within 48 hours of military action and requires the termination of military action within 60 days of its commencement if Congress has not officially declared war or authorized the military action.

These rebels have been attacking shipping, including US warships making this a defensive action. In addition, Congress was notified within 48 hours and 60 days have not yet passed. While I personally oppose further involvement in the middle-east, pretending that this is a violation of the Constitution is absurd. This crap has been going on since the War Powers Act was passed in 1973. If these legislatures don't like it, then they are well within their rights to repeal the War Powers Act or get SCOTUS to rule it unconstitutional.

Of course, they won't do that though. That might keep the president from bombing the people that they want bombed.

[–] CaptainSpaceman 18 points 5 months ago (1 children)

Yup, Congress hasnt declared war since WW2 and every "war" since then has been an "operation" or some such language.

[–] [email protected] 7 points 5 months ago (1 children)

No, that's not true.

Almost all of the US "war" action in your lifetime has been fully authorized by Congress under the 2001 Authorization for Use of Military Force.

Only one member of Congress voted against it, as I recall, and she lost her election for doing it. She voted against it because it was way too broad and expansive and would be able to justify nearly any intervention with no sunset date. She was 100% right.

[–] CaptainSpaceman 10 points 5 months ago* (last edited 5 months ago) (1 children)

No, it IS true. Nothing I said was false, you merely added more info and a misconception about war declaration.

Congress has not declared war since 1942

https://constitutioncenter.org/blog/when-congress-once-used-its-powers-to-declare-war

[–] [email protected] 1 points 5 months ago (1 children)

What's your point, then, if not to imply that these military activities since the war powers act have been happening without congressional approval -- something that is simply not true?

If there's a misconception about war declaration being spread around here, it's the idea that a war declaration is somehow necessary -- or even important -- as part of the process of conducting warlike activities. That's just now how it works in the modern world. Modern countries do not declare war on other countries. They engage indirectly or develop legal pretenses about how it's just some specific organization they are targeting or goal being achieved.

[–] CaptainSpaceman 1 points 5 months ago

Ive never implied anything about circumventing Congress, you keep shoehorning that into this discussion for some reason.

The 2nd paragraph is spot on, and your last sentence is exactly what im trying to convey as well. Thanks fam.

[–] [email protected] 6 points 5 months ago* (last edited 5 months ago) (1 children)

There's an argument that the war powers act is unconstitutional, but it will likely never actually get challenged.

The more fun fact is that if Biden continues action past 60 days, he will be the third consecutive Democratic president to violate the war powers act.

[–] Boddhisatva 8 points 5 months ago

This isn't a Democrat vs Republican issue.

[–] Rapidcreek 20 points 5 months ago (1 children)

We were fired upon and returned fire. It would be a hell of a day if you had to have congressional action to do that.

[–] [email protected] -1 points 5 months ago

This logic is what they applied to the gut the EPA.

[–] [email protected] 15 points 5 months ago (1 children)

If you were going to say something about this, the time would have been when Operation Prosperity Guardian was announced. The Houthis are directly firing on US warships, so the response could be considered defensive action and not fall under article 1 of the Constitution. It's not that these representatives can't criticize US involvement, but they were okay with the ships being there in the first place. Can't have your cake and eat it too. If you were a sea woman/seaman being fired upon by cruise missiles, I'd imagine you'd like the ability to fire back and eliminate the threat. All it takes is one cruise missile or UAV to not get detected or destroyed to kill dozens if not hundreds of sailors.

[–] Rapidcreek 11 points 5 months ago (1 children)

The official Houthi motto, which they fly proudly on their flag, is:

God is the Greatest

Death to America

Death to Israel

A Curse Upon the Jews

Victory to Islam

Just a reminder of who they are.

[–] [email protected] 12 points 5 months ago (1 children)

While I agree, let's not pretend that presidents haven't been launching combat missions without formal declaration of war for decades. Longer than I've been alive. It's one of the biggest expansions of executive power we have allowed, under the guise of "the war on terror", "the cold war", or even "the war on drugs".

[–] [email protected] 12 points 5 months ago (2 children)

There's not really any room to agree with her legally; she is categorically wrong. This action falls under previous standing military authorizations that Congress has passed.

If Congress has an issue with it, they can revoke them at any time. She can say that she thinks it's wrong and that we shouldn't have done it, but to say that it's unconstitutional is just broadcasting an embarrassing lack of knowledge for a sitting member of Congress.

[–] [email protected] 5 points 5 months ago (1 children)

I guess I meant that those standing authorizations should not exist, as they effectively abdicate a power the Constitution outlined for Congress, transferring it to the President. They erode the checks and balances.

[–] [email protected] 4 points 5 months ago (1 children)

That's an argument for Congress revoking it though, not for it being illegal.

To that end, I mostly do agree actually. It's not a good idea for the President to have such vast unilateral military powers without prior Congressional oversight, but again, this was all done by Congress to begin with. They can repeal it at any time.

[–] [email protected] -1 points 5 months ago

I'd argue that an unconstitutional law is itself illegal, and thus does not render an unconstitutional action legal. That said, I'm sure I'd lose any argument on the constitutionality of the war power granted by Congress to the President.

The truth is, our Constitution was written in a time when the world moved much more slowly. It's unfortunately no longer practical to expect it to work in a world as fast paced as ours is today. We need a full rewrite, but I do not trust anyone to rewrite it.

[–] Pohl 4 points 5 months ago

Agree, is there some rule that says progressives have to show their whole ass today? Super disappointed. Lying to our faces or woefully underprepared to do the job. Both looks suck. These people are damaging the future of the cause to score some own goals today.

Fucking shameful showing.

[–] njm1314 8 points 5 months ago

If the representative wants me to think she cares about the Constitution and democracy maybe she shouldn't be making her statements on a website that's basically pro-nazi.

[–] [email protected] 2 points 5 months ago

This is the best summary I could come up with:

“Article 1 requires that military action be authorized by Congress,” Jayapal added in her post on X, the platform formerly known as Twitter, late Thursday.

“The President needs to come to Congress before launching a strike against the Houthis in Yemen and involving us in another middle east conflict,” Khanna posted on X.

“Today’s defensive action follows this extensive diplomatic campaign and Houthi rebels’ escalating attacks against commercial vessels,” Biden said.

“These targeted strikes are a clear message that the United States and our partners will not tolerate attacks on our personnel or allow hostile actors to imperil freedom of navigation in one of the world’s most critical commercial routes.”

“I will not hesitate to direct further measures to protect our people and the free flow of international commerce as necessary,” Biden said.

Washington and London should bear the responsibility for militarizing the Red Sea,” the statement continues.

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