January 26, 2024
President Joseph R. Biden
The White House
West Wing
1600 Pennsylvania Avenue, NW
Washington, DC 20502
President Biden,
While we share your Administration’s concerns about Houthi threats in the Red Sea, we write
with serious concern regarding unauthorized U.S. military strikes against the Houthis in Yemen.
We urge your Administration to seek authorization from Congress before involving the U.S. in
another conflict in the Middle East, potentially provoking Iran-backed militias that may threaten
U.S. military servicemembers already in the region, and risking escalation of a wider regional
war.
Article One of the Constitution is clear: Congress has the sole power to declare war and
authorize U.S. military action. The War Powers Resolution (WPR) of 1973 upholds Congress’s
constitutional war powers authority: Section 2(c) of this law makes clear that the President can
only introduce U.S. forces into hostilities 1) after a declaration of war by Congress, 2) after a
specific statutory authorization from Congress, or 3) in a national emergency when the U.S. is
under imminent attack. We are not convinced that the circumstances of the U.S.’s strikes in
Yemen meet the “national emergency” criteria outlined in Section 2(c), and we believe there was
ample time to come to Congress for authorization before initiating these strikes.
Additionally, the reporting requirements in the WPR of 1973 do not supersede the prohibitions
outlined in Section 2(c). The WPR of 1973 does not give blanket authority for a President to
unilaterally involve U.S. military forces in a conflict if a President simply notifies Congress
within 48 hours. The 48-hour reporting requirement only applies to a situation in which a
President must act due to an attack or imminent attack against the United States. Unfortunately,
Presidents of both parties have abused this law to conduct unauthorized military involvement in
overseas conflicts.
For these reasons, we believe the U.S.’s unauthorized strikes in Yemen violate the Constitution
and U.S. statute. We ask that your Administration outlines for us the legal authority used to
conduct these strikes, and we urge your Administration to seek authorization from Congress
before conducting any more unauthorized strikes in Yemen.
As representatives of the American people, Congress must engage in robust debate before
American servicemembers are put in harm’s way and before more U.S. taxpayer dollars are spent
on yet another war in the Middle East. No President, regardless of political party, has the
constitutional authority to bypass Congress on matters of war.
We look forward to your prompt responses to our questions and stand ready to debate any
Administration request for an authorization to conduct offensive use of force, as required under
the Constitution and U.S. law.
Sincerely,
Ro Khanna
Member of Congress
Warren Davidson
Member of Congress
Val Hoyle
Member of Congress
Andy Biggs
Member of Congress
Pramila Jayapal
Member of Congress
Thomas Massie
Member of Congress
Cori Bush
Member of Congress
Nancy Mace
Member of Congress
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Anna Paulina Luna
Member of Congress
Marjorie Taylor Greene
Member of Congress
Jonathan L. Jackson
Member of Congress
Ilhan Omar
Member of Congress
Summer Lee
Member of Congress
James P. McGovern
Member of Congress
Rashida Tlaib
Member of Congress
Jesús G. "Chuy" García
Member of Congress
Greg Casar
Member of Congress
Eleanor Holmes Norton
Member of Congress
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Ayanna Pressley
Member of Congress
Delia C. Ramirez
Member of Congress
Nydia M. Velázquez
Member of Congress
Jamaal Bowman, Ed.D.
Member of Congress
Alexandria Ocasio-Cortez
Member of Congress
Harriet M. Hageman
Member of Congress
Paul A. Gosar, D.D.S.
Member of Congress
Raúl M. Grijalva
Member of Congress
Barbara Lee
Member of Congress
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