More than 30 US lawmakers reject Biden’s claims about launching strikes inside Syria

More than 30 US lawmakers from both the Republican and the Democratic parties have sent a letter to US President Joe Biden questioning the US administration’s legal rationale for bypassing Congress before launching a military strike inside Syria.

“We are deeply troubled by your administration’s dangerous claim that Article II of the Constitution permits you to bypass Congressional authorization to perform strikes inside Syria, as well as your administration’s claim that the wide range of activities that you have undertaken as part of the ongoing U.S. occupation of a large swath of Syrian territory is justified by the Authorization for Use of Military Force … of 2001,” wrote the lawmakers, led by Reps. PETER DEFAZIO (D-Ore.), NANCY MACE (R-S.C.) and JAMAAL BOWMAN (D-N.Y.)., according to the Politico newspaper.

 “These claims raise serious constitutional questions about unchecked military activities conducted by the Executive Branch in Syria and Iraq without approval from Congress, and they could lead to actions that prolong the U.S.’s involvement in ‘endless wars’ overseas,” the newspaper added.

Lawmakers detailed to NatSec Daily why they felt compelled to write the letter.

 “With great power comes great responsibility, and it must not be lost on us that using military force or going to war are some of the most consequential decisions that our government can make — not only for ourselves and our security but for that of those abroad who find themselves in the crosshairs,” Bowman said.

“The Biden administration must respect Congress’s constitutional war powers authority and immediately provide transparency regarding unauthorized U.S. military involvement in Syria and the region, as well as its position on legal authorities to wage war and authorize U.S. military action,” added DeFazio.

Simply put, Article II notes the president is the commander in chief. As such, many administrations — not just this one — say it’s legal for the president to order a military move without first seeking congressional approval. This was the argument Biden’s team used to justify his February strikes in Syria 10 days after they attacked American forces in Iraq.

But the 32 members of Congress who signed the letter just don’t buy that case: “The Constitution is clear: Article I, Section 8 of the Constitution grants Congress — and only Congress — the power to declare war. Once authorized by Congress, Article II, Section 2 of the Constitution allows the president to direct the military as Commander-in-Chief.”

They go on to say that the War Powers Resolution of 1973 states the president may only “introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances” under three scenarios: “(1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”

 The lawmakers are worried Biden might authorize more strikes in Syria after a drone targeted American forces there last month.

Edited by Hamda Mustafa