Brett Wilkins
Common Dreams / November 1, 2024
‘Absent an imminent or actual sudden attack on the United States, its territories or possessions, or its armed forces, the executive branch may not introduce U.S. armed forces into hostilities without Congress’ prior approval.’
A handful of progressive Democrats in the House of Representatives on Friday accused President Joe Biden of violating the Constitution and the War Powers Act by deploying U.S. troops to help Israel’s war effort and urged his administration to pursue “de-escalatory action” in the Middle East.
“We are deeply concerned about the increasing role and involvement of the U.S. armed forces in expanding wars across the Middle East,” Reps. Rashida Tlaib (D-Mich.), Cori Bush (D-Mo.), Ilhan Omar (D-Minn.), Summer Lee (D-Pa.), and André Carson (D-Ind.)—who all sponsored last year’s ” Cease-fire Now” resolution—wrote in a letter to Biden.
“Congress has the sole power to declare war.”
This includes the deployment of U.S. commandos and intelligence officers to Israel just days after last year’s Hamas-led attack that left more than 1,100 Israelis and foreign nationals dead—some of them killed fratricidally—and over 240 others taken prisoner, as well as a crew to operate an anti-ballistic missile battery following Iran’s barrage against Israel last month.
“Congress has the sole power to declare war under Article I, Section 8, Clause 11 of the Constitution,” the lawmakers wrote. “As Section 5(c) of the War Powers Resolution of 1973 makes abundantly clear, Congress holds the power to direct the removal of any armed forces engaged in hostilities outside the territory of the United States without a declaration of war or specific statutory authorization.”
“Absent an imminent or actual sudden attack on the United States, its territories or possessions, or its armed forces, the executive branch may not introduce U.S. armed forces into hostilities without Congress’ prior approval,” they stressed.
The letter—which came shortly before Election Day and is backed by over a dozen peace, progressive, and faith-based groups—continues:
Despite the administration’s stated goal of avoiding a regional war, increasingly dangerous escalations have been made possible by transfers to the Israeli government of billions of dollars’ worth of weapons and military aid, comprehensive intelligence sharing and operational coordination, and diplomatic cover from the United States in the face of widespread condemnation from the international community…
Meanwhile, recent reporting indicates American military officials have discussed unauthorized U.S. military strikes against Iran. We have already seen an increase in U.S. service members deployed to the region in areas where there is a clear and present danger of hostilities.
“This current involvement, and any additional involvement or deployment, of the armed forces in the Israeli government’s expanding regional war fall under the definition of ‘hostilities’ in the War Powers Resolution and are not in response to an imminent or actual attack against the United States,” the lawmakers wrote. “As such, these actions are unauthorized and are subject to Congress’ authorities pursuant to the Constitution and the War Powers Resolution.”
The legislators ask Biden to explain his administration’s “legal or constitutional justification” for “proposed hostilities” against Iran, whether the U.S. is “providing military services of any nature” for Israel, and for clarification of claims that U.S. attacks on Houthi rebels in Yemen were conducted in accordance with the Constitution’s self-defense authority.
The lawmakers stressed:
De-escalatory action is urgent and essential. Since October of last year, the Israeli government has killed over 43,000 Palestinians in Gaza, with this number likely a significant undercount. This includes over 16,700 children. Over 90% of the population has been displaced, and Palestinians throughout Gaza continue to face famine and starvation. In this same period, the Israeli government has killed over 2,700 people in Lebanon, the vast majority of whom have been killed since the start of the Israeli military’s ground invasion and bombing campaign last month. Over 1.2 million people in Lebanon have already been displaced. These campaigns of collective punishment have continued to spread, with sieges on Palestinian cities and refugee camps in the West Bank, the bombing of critical civilian infrastructure in Yemen, and escalations of belligerence with Iran and Syria.
“These destructive wars must end, as must any unauthorized U.S. involvement in them,” the letter concludes. “The American public deserves a say on the issue of war. Thus, Congress’ involvement and debate are necessary. Every day that passes without a cease-fire produces catastrophic loss of life and threatens further death and destruction. We have an obligation to both the living and the dead to put an immediate end to this devastation.”
Brett Wilkins is a staff writer for Common Dreams
