Involving US troops in Israeli conflicts requires congressional approval, House lawmakers argue
A group of progressive House lawmakers is questioning the involvement of the US military in the expanding conflict in the Middle East, arguing the deployment of American troops to Israel and other support violated constitutional law.
Five House Democrats are asking President Joe Biden to detail and justify the role of US service members in assisting Israel with its ground invasions of Lebanon and the Gaza Strip, as well as the country’s exchanges of hostilities with Iran and Iran-backed militants.
The lawmakers contend that the US military’s comprehensive intelligence sharing and operational coordination with Israel, along with the decision last month to send 100 American troops to Israel to operate a missile defense system, overstepped the bounds of presidential authority.
“American military involvement in these wars has not been authorized by the United States Congress, as required by the Constitution and US law,” the lawmakers wrote in a letter to Biden. “Congress has the sole power to declare war.”
The letter was led by Reps. Rashida Tlaib (D-Michigan), and Cori Bush (D-Missouri), and was also signed by Reps. André Carson (D-Indiana), Summer Lee (D-Pennsylvania), and Ilhan Omar (D-Minnesota).
Vocally opposed to Israeli operations
The lawmakers have been vocal in their opposition to Israel’s military operations in the Middle East and said they are seeking to reassert congressional war powers amid increasing volatility in the region.
An uneasy peace in the Middle East unraveled last year after Hamas and other terrorists from Gaza stormed into Israel, massacring civilians and taking hostages. The attack sparked Israel’s deadly war in Gaza and led to conflict with other Iran-backed militants, including Hezbollah in Lebanon and the Houthis in Yemen.
Iran and Israel have also been trading direct strikes against each other for months.
“The American people have made it clear that they want to see an immediate ceasefire, an end to these wars, and the return of hostages, not deepening American involvement in potentially endless regional war,” the lawmakers wrote.
They said they were concerned by the deployment of American troops to the region as well as the participation of special operations and intelligence personnel in the locating of targets for Israeli operations in Gaza.
The lawmakers also expressed alarm over reports that American military officials have discussed US military strikes against Iran.
“This current involvement, and any additional involvement or deployment, of the armed forces in the Israeli government’s expanding regional war fall under the definition of ‘hostilities’ in the War Powers Resolution and are not in response to an imminent or actual attack against the United States,” the lawmakers wrote. “As such, these actions are unauthorized.”
The War Powers Resolution of 1973 stipulates only Congress can authorize sending American service members into action abroad, either through a declaration of war, a statuary authorization or in case an attack against the US creates a national emergency.
Congress can also direct the removal of any American troops involved in unauthorized hostilities, according to the resolution.
“The executive branch cannot continue to ignore the law without congressional intervention,” the lawmakers warned in their letter. “The American public deserves a say on the issue of war. Thus, Congress’ involvement and debate are necessary.”
Democratic and Republican members of Congress have bristled at the lack of congressional input in recent conflicts.
In January, senators challenged the legality of American airstrikes against Houthi rebels in Yemen, who began launching drones and missiles at vessels in the Red Sea at the start of the Gaza war.
“We have long advocated for deliberate congressional processes in and authorizations for decisions that put service members into harm’s way overseas,” the senators said.
Congress has not signed off on any war authorizations since the Iraq War in 2002 and last asserted its war powers in 2019, when it passed a resolution calling on then-President Donald Trump to end US support for a Saudi Arabia-led military intervention against the Houthis.
An authorization that Congress approved in 2001 to allow the US president to go after those responsible for the 9/11 attacks has been widely used in the years since to justify military operations in at least 22 countries, according to the Watson Institute for International and Public Affairs at Brown University.
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