The joys of imperial presidency. The idea the 1787 Constitution is still de facto in place is a joke
By Marko Marjanović
April 17, 2019 "Information Clearing House" - US refuels Saudi jets on combat missions in Yemen, helps select airstrike targets for the Saudis from its satellite data, keeps the Saudi jets in flying condition, and helps enforce the naval blockade. In other words, the US assistance to the Saudis in Yemen is sufficiently hands-on that it constitutes US participation in the war.
That means it is also patently illegal and unconstitutional under US law since technically by law which hasn’t been followed for who knows how long only Congress can declare war (or in newer times “authorize the use of military force” which is in itself a perversion and dilution of the original*).
Despite the letter of the law the Congress has been at least since WWII happy to cede its war making powers to US Presidents to exercise illegally. It has either not challenged the executive when it has started wars without even consulting the Congress. Or — when consulted — it has been happy to pass broad “force authorization” resolutions of questionable legality that supposedly grant the executive the legal right to start (or not) a war at a time (and sometimes against an enemy) of its choosing.
However moving into Yemen to help Saudis fight the Houthis since 2015 the executive did not even go through this much easier hoop to jump.**
The Congress has now voted to inform Trump they never authorized US participation in that war and that he must therefore request authorization or end it. However the way the US system work Trump is actually able to “veto” the order because Congress did not pass it with a two-thirds majority. Hilarious!
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