"Unacceptable violation of the Constitution": Democrats slam Biden over "illegal" Yemen air strikes

Progressives say president "needs to come to Congress before launching a strike against the Houthis"

By Tatyana Tandanpolie

Staff Writer

Published January 12, 2024 11:15AM (EST)

U.S. President Joe Biden delivers remarks at a news conference at the Filoli Estate on November 15, 2023 in Woodside, California. (Kent Nishimura/Getty Images)
U.S. President Joe Biden delivers remarks at a news conference at the Filoli Estate on November 15, 2023 in Woodside, California. (Kent Nishimura/Getty Images)

Progressive Democrats in Congress excoriated President Joe Biden Thursday for failing to seek congressional authorization before launching airstrikes on the Iran-backed Houthis in Yemen.

The retaliatory attacks, according to Politico, mark the "first major U.S. military response to the group’s ongoing attacks on commercial ships since the start of the Israel-Hamas war."

"These strikes are in direct response to unprecedented Houthi attacks against international maritime vessels in the Red Sea — including the use of anti-ship ballistic missiles for the first time in history," Biden said in a statement. "More than 50 nations have been affected in 27 attacks on international commercial shipping."

The Biden administration also defended the strikes, carried out with the United Kingdom and backed by the Netherlands, Bahrain, Australia and Canada, declaring that they were launched “in accordance with the inherent right of individual and collective self-defense, consistent with the UN Charter.”

Legislators, however, challenged that justification, arguing that Biden violated Article 1 of the Constitution — which requires Congress to first authorize military action — by side-stepping Congressional approval. Biden informed Congress of the move but did not request approval.

Progressive Reps. Rashida Tlaib, D-Mich, and Cori Bush, D-Mo., called Biden's actions unconstitutional and asserted Americans no longer wish to see — or fund, according to Bush, "endless war." 

Rep. Pramila Jayapal, the Progressive Caucus chair, also decried the move, writing on X, formerly Twitter, that Biden's act "is an unacceptable violation of the Constitution."

"These airstrikes have NOT been authorized by Congress. The Constitution is clear: Congress has the sole authority to authorize military involvement in overseas conflicts," Rep. Val Hoyle, D-Ore., added. "Every president must first come to Congress and ask for military authorization, regardless of party."

Rep. Ro Khanna, D-Calif., echoed arguments that the president's move was unconstitutional, stating that Biden "needs to come to Congress before launching a strike against the Houthis in Yemen and involving us in another middle east conflict."

"I will stand up for that regardless of whether a Democrat or Republican is in the White House,” Khanna tweeted.

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Khanna's post earned a retweet from Rep. Ilhan Omar, D-Minn., and approving responses from Sens. Mike Lee, R-Utah, and Thomas Massie, R-Ky.

Democratic Rep. Mark Pocan, Wis. further demanded the Biden administration collaborate with Congress before carrying out any other strikes, arguing the "United States cannot risk getting entangled into another decades-long conflict without Congressional authorization.”

Some Republicans praised Biden for launching the airstrikes, though many also argued that the action was "overdue."

"This strike was two months overdue, but it is a good first step toward restoring deterrence in the Red Sea. I appreciate that the administration took the advice of our regional commanders and targeted critical nodes within Houthi-controlled Yemeni territory,” Sen. Roger Wicker, R-Miss., the ranking member of the Senate Armed Services Committee, said in a statement.

The joint bombings were "long overdue," according to Sen. Joni Ernst, R-Iowa, who added that “Iran-backed Houthis should never have been emboldened to wreak havoc on U.S. troops and global commerce.”


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“Terrorists know only the language of force and it is about time the administration acted on that fact. This action should have been taken weeks ago,” Sen. Rick Scott, R-Fla., tweeted, adding, "Biden must now act every day to end the ability of Houthi forces and all Iran-back terrorists to attack the US and our partners."

Sen. Lindsey Graham, R-S.C., said he was "very supportive" of Biden's decision to launch the attack, writing that he hopes "the Biden Administration understands that their deterrence policy has completely failed" and urging it to "continue using military force in the face of aggression from Iran and their proxies."

“I am hopeful these operations mark an enduring shift in the Biden Administration’s approach to Iran and its proxies," Senate Minority Leader Mitch McConnel, R-Ky., said in a statement. "To restore deterrence and change Iran’s calculus, Iranian leaders themselves must believe that they will pay a meaningful price unless they abandon their worldwide campaign of terror."


By Tatyana Tandanpolie

Tatyana Tandanpolie is a staff writer at Salon. Born and raised in central Ohio, she moved to New York City in 2018 to pursue degrees in Journalism and Africana Studies at New York University. She is currently based in her home state and has previously written for local Columbus publications, including Columbus Monthly, CityScene Magazine and The Columbus Dispatch.

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Gaza Israel Joe Biden Politics Yemen