Did Biden break America’s law by ordering attacks on Yemen? Will the President be removed from office?
US President Joe Biden during a national address in the Oval Office of the White House in Washington, DC, US, on Friday, June 2, 2023. Biden defended a debt limit deal he struck with Republicans as necessary to prevent an economic collapse and said he would sign it on Saturday amid frustration from many lawmakers in both parties who backed the agreement reluctantly. Photographer: Jim Watson/AFP/Bloomberg
Some members of the US Congress have alleged that President Joe Biden has violated the Constitution by approving the overnight attack on Yemen. Many American leaders have also made public statements against him. But experts say provisions of US law give the White House the authority to initiate limited foreign military action. Michael O’Hanlon, director of foreign policy research at the Brookings Institution, said there is really not a strong case to stop Biden from taking such action. What he means is that Biden can order such a small military operation even without the consent of Congress.
What did Biden do?
American and British fighter planes, warships and submarines have carried out several airstrikes in Yemen since Friday in retaliation against the Houthis. This action has been taken in response to the Houthis’ attacks on ships passing through international shipping lanes in the Red Sea. The Biden administration neither informed the US Congress nor took its approval for these attacks.
What does the US Constitution say?
Many Democrats from his own party, who criticized Biden, said that according to Article 1 of the US Constitution, Congress authorizes war, and not the President has this right. He says this paragraph is one of the “checks and balances” that are the hallmark of the American political system. But Article 2 of the Constitution designates the President as commander-in-chief of the armed forces and gives him the authority to use military force without congressional authorization for defensive purposes. Supporters of Biden’s move say that this step has been taken for defensive purposes.
Did Biden violate the rights of war?
In addition to constitutional provisions, the use of force is regulated through the War Powers Resolution, which Congress passed in 1973 as a check on presidential power in the wake of the Vietnam War. That resolution requires military action to end within 60 days without a declaration of war or specific legal authority. It also requires the President to provide a report to Congress within 48 hours of the attack on the circumstances that warranted the attack. It states under what authority the attack was ordered, what would be the estimated scope and duration of hostilities.
What can happen now?
Legal and security policy experts said the long-term response will depend on what happens on the ground. Unless the conflict with the Houthis escalates and the administration informs Congress, there is little chance of any outcome. “I think it’s too early to tell the extent of Congress’s response to this,” said Brian Finucane, a former State Department lawyer and senior adviser to Crisis Group’s US program. “I think Congress’s response may change over time, especially if there are Houthi attacks on international shipping lanes in the Red Sea,” he said. Experts also said Congress would be more likely if it took more power, given the ambiguity in existing law. If she wants, she can pass a law to restrain the President.
