On the recordMarch 20, 2018
America is very involved in a war in Yemen, and it is time we have a debate as envisioned under our Constitution. Our Constitution did not lay out the power of deciding when to go to war with the executive branch. It places it very clearly here, with article I, Congress is to act, but we have participated very directly, in partnership with Saudi Arabia, in the assault on Yemen, on the Houthis, and the result is a dramatic, dramatic humanitarian crisis. So we should absolutely hold that debate on this floor, as envisioned in our Constitution. Article I, section 8 states, unequivocally, that ``the Congress shall have Power . . . to declare War.'' It is only Congress that is given this power under our Constitution. If anyone has any doubts, then let's pay attention to the other words of our Founders, James Madison himself: ``In no part of the constitution is more wisdom to be found, than in the clause which confides the question of war or peace to the legislature, and not to the executive department.'' The Founding Fathers' vision was reinforced by the War Powers Resolution of 1973, also often referred to as the War Powers Act. That act was necessary because the executive branch tends to put our forces into conflict without the permission of Congress, in violation of the Constitution. So it is important to lay out the parameters under which they are allowed to do so under emergency action and the circumstances under which they are not allowed to do so.…





