On Wednesday, Sens. Mike Lee, R-Utah, and Bernie Sanders, I-Vt., introduced a joint resolution to end U.S. military involvement in the Saudi-led war against Yemen.
Staffers from Lee’s and Sanders’ offices told reporters the joint resolution reflects a bipartisan concern over U.S. participation in the Saudi-Emirati hostilities against the Houthi rebels in Yemen. Their main concern is that Congress never authorized any military participation on part of the U.S. in this particular conflict. However, their argument is more about restoring the balance of power from the executive branch back to Congress when it comes to the issue of declaring war.
“This is a superfluous legislation,” a Lee staffer told reporters. “It is not intended to comment on whether or not something is a good idea foreign policy-wise … but to truly get to the constitutional nature of where our war-making should be.”
Specifically, they cited section 2(c) of the War Powers Resolution of 1973 – a bill that passed over former President Richard Nixon’s veto – in which the president as commander-in-chief can engage in combat against a hostile force “only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
The use of military force has never been authorized by Congress in this case, and the Houthi rebels’ aggression has not met the requirements needed to justify a unilateral move by the commander-in-chief.
“The American people have not authorized this activity,” Sen. Lee’s staffer continued. “There’s ample evidence that indicates that … this actually undermines our national security.”
The U.S. has aided Saudi Arabia and the United Arab Emirates by refueling their warplanes in midair as they conducted bombing raids on the country. The U.S. has also shared intelligence with the Saudis in addition to selling them arms during the conflict.
The conflict has led to one of the worst humanitarian crises in recent memory. Due to the Saudi naval and aerial blockade that has stopped the shipments of food, fuel, and medical aid, over 7.3 million people are on the brink of starvation. The United Nations reported in November 2017 that Yemen faced one of the fastest-growing cholera epidemics ever recorded with just under 900,000 cases.
“This resolution is very specific,” a Sanders staffer said. “[It’s] narrowly aimed at the authorization question,” and not at whether the war itself or U.S. involvement is necessary or justifiable or good policy going forward.
Staffers also noted that this joint resolution is historic in that the provisions of law being invoked to force the debate and vote over U.S. war powers have never been used in the Senate.
Siraj Hashmi is a commentary video editor and writer for the Washington Examiner.
