Where does the conflict with Iranian-backed rebels leave the U.S. militarily, politically and constitutionally when it comes to war – or whatever the U.S. is engaged in right now?
The U.S. could be at war right now.
We don’t know for sure, because Congress hasn’t “declared war.”
Organizations linked to Iran killed three U.S. service members in Jordan over the weekend.
The U.S. fired strikes in Iraq on “facilities used by” the Iranian-backed Kataib Hezbollah militia groups and other Iran-affiliated groups last week. The U.S. now regularly launches attacks on the Houthis.
The Houthis are rebels based in Yemen fighting against the influence of the U.S., Israel and Saudi Arabia on the Arabian Peninsula. There is a proxy fight in Yemen between Iran and Saudi Arabia. The Houthis back the Palestinians and are opposed to Israel in the war now raging in Gaza. Since the U.S. and western nations support Israel, the Houthis have attempted to disrupt shipping in the Red Sea by attacking commercial vessels.
The United Nations Security Council adopted a resolution demanding the Houthis cease their onslaught against ships sailing through the Red Sea, but that hasn’t halted the attacks. That’s why the U.S. is retaliating.
This is why the U.S. lost two SEALs in the Gulf of Aden last week. The SEALs died during a mission using special speedboats. The SEALs attempted to climb aboard a rudimentary cargo ship in the Arabian Sea. One fell off a ladder in rough seas. Another jumped in to find the other. Both SEALs perished.
So here you have the U.S. firing missiles and actually losing American service members in overseas military operations, neither of which has happened in the nearly two years that Ukraine has been at war with Russia. You have Iranian loyalists killing American service personnel in Jordan. So where does that leave the U.S. militarily, politically and constitutionally when it comes to war – or whatever the U.S. is engaged in right now?
“I don’t know what else you’d call it,” said Sen. Tommy Tuberville, R-Ala. “They’re shooting us. We’re shooting at them. I guess you could call it war.”
But if that’s the case, who approved this war?
Article I, Section 8 of the Constitution says Congress has the power “to declare war.”
Article II, Section 2 of the Constitution grants the president power as “Commander in Chief.”
This schism blurs who’s really in charge here and whether the U.S. is actually involved in hostilities. Or for that matter, whether it is “at war.” This weekend’s attack, the loss of the SEALs and the prolonged shooting match with the Houthis makes for a case study.
This is why a bipartisan coalition of senators wrote to President Biden, asking for specifics about the “self-defense” context of the strikes against the Houthis and “on what date were U.S. forces ‘introduced into hostilities’ in Yemen and the Red Sea?”
It’s certainly within the power of the commander in chief to order retaliation if the U.
