Rep. Hoyle Addresses Unauthorized Military Strikes in Yemen, Urges the President to Seek Military Authorization from Congress
Washington, DC – Today, U.S. Representative Val Hoyle (OR-04) issued the following statement regarding the U.S.’s recent unauthorized military strikes in Yemen, urging the President to seek authorization from Congress before getting involved in another military conflict in the Middle East:
Article I, Section 8 of the Constitution states that Congress has the sole authority to authorize military involvement in overseas conflicts. After Presidential abuse of these authorities during the Vietnam War, Congress passed the War Powers Act to reassert its Constitutional war powers authority and prevent President of the United States from unilaterally starting military conflicts without Congressional approval.
Unfortunately, Presidents of both parties have sidestepped the Constitution and misused the War Powers Act to conduct unauthorized military action around the world.
Let me be clear: the War Powers Act does not give a blank check for the President to bypass Congress to start military conflicts by simply notifying Congress within 48 hours. Section 2(c) of the War Powers Act says that the President can only introduce U.S. military forces into hostilities in three scenarios:
- After a declaration of war by Congress
- After a specific statutory authorization from Congress
- In a national emergency when the U.S. is under attack or imminent attack (e.g. a Pearl Harbor-style attack).
In the case of #3 – a national emergency where the U.S. is under attack or imminent attack – the War Powers Act allows the President to act swiftly to protect the U.S. without first getting authorization from Congress. In an emergency scenario like this, the War Powers Act requires the President to notify Congress within 48 hours, and it states that the President must receive authorization from Congress within 60 to 90 days if the resulting military conflict continues. This very high bar was set for a reason. If we are going to put the lives of the men and women who defend our country at risk, it better be for a damn good reason.
I am not convinced the Houthi situation in the Red Sea – which involves threats to shipping lanes – meets the “national emergency” scenario. There was time for the President to seek authorization from Congress – as required by the Constitution and the War Powers Act – before initiating strikes in Yemen, especially since the Houthi attacks in the Red Sea have been ongoing since at least October of last year.
My position on the use of the War Powers Act does not negate my concern over the Houthi attacks on shipping lanes in the Red Sea. Approximately 15% of global seaborne trade passes through the Red Sea, making it one of the world’s busiest shipping lanes.
While I strongly support the President and understand why his Administration may be reluctant to come to Congress due to the dysfunction of the Republican-led House, this does not give the Administration an excuse to bypass the Constitutional requirement for the Executive Branch to receive authority from Congress on matters of war.
As a Member of Congress, it is my duty to provide oversight over the Executive Branch when appropriate, even when it means disagreeing with members of my own party.
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