The Framers gave the power to declare war to Congress, the branch most accountable to the people. Article I, Section 8 of the Constitution states in no uncertain terms that "Congress shall have power to ... declare war."
It is true that the president may order military operations in limited emergency situations, such as foreign invasions. But the far-off civil war in Yemen, while tragic, is not an emergency.
Under the War Powers Act of 1973, the assignment of a member of the United States armed forces to "command, coordinate, participate in the movement of, or accompany" another country's military during a war constitutes the introduction of the United States into a conflict. Congress has not authorized these combat activities. Under the 2001 Authorization for the Use of Military Force (AUMF) issued after the 9/11 attacks, any U.S. military action in Yemen must be limited and only directed against groups affiliated with al-Qaeda, such as al-Qaeda in the Arabian Peninsula (AQAP) and ISIS, also known as the Islamic State. Engaging in a war against Yemeni Houthi rebels does not qualify.
Indeed, U.S. involvement in the Yemen war has proven counterproductive to the effort against al-Qaeda's affiliates. The State Department's Country Reports on Terrorism for 2016 found that the conflict between Saudi-led forces and the Houthi insurgents had helped AQAP and ISIS's Yemen branch to "deepen their inroads across much of the country." Furthermore, while Iran's support for Houthi insurgents is of serious concern for all of us, the truth is that this war has increased, not decreased, the opportunities for Iranian troublemaking.
The most serious duty we have as U.S. senators is deciding whether and when to send our young women and men into harm's way to defend our country. That is why we are proud to introduce this bipartisan resolution together. Since 9/11, politicians have become far too comfortable with American military interventions all over the world. It is time for Congress to play its constitutionally mandated oversight role with regard to war.
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