“Last week’s air strikes in Syria show that the executive branch, regardless of the party, will continue to expand its powers of war,” said Kaine. “Congress has a responsibility not only to vote to authorize new military actions, but also to revoke old authorizations that are no longer needed.”
Congress largely abdicated its constitutional authority to declare war, and presidents on both sides used outdated authorizations to legally justify US military action – including, and perhaps most notably, the 2001 authorization to use military force against the United States. Al Qaeda and the Taliban, which passed after the 9/11 attacks. The Kaine-Young bill, however, deals only with the 1991 and 2002 measures, which are entirely focused on Iraq.
For example, outdated authorizations have been used to provide legal coverage for US military operations across the region, including those targeting ISIS and other jihadist branches in the region.
“Congress is operating on autopilot when it comes to our essential functions of authorizing the use of military force,” said Young. “The fact that the authorities of both wars are still laws today is illustrative of Congress’ bipartisan failure to play its constitutionally determined oversight role.”
Senators from across the ideological spectrum signed the Kaine-Young bill as co-sponsors on Wednesday, including Sens. Tammy Duckworth (D-Ill.), Mike Lee (R-Utah), Chris Coons (D-Del.) And Chuck Grassley (R-Iowa).
Kaine and Young have made similar efforts before, but Biden’s air strikes in Syria have given the attack a new lease of life. Lawmakers raised concerns about the potential to use military force in kind, which could result in a total war between the United States and Iran, whose representatives in the region have long targeted American outposts.
New Syria shakes Congress
Biden angered Congressional Democrats when he launched air strikes against Iran-backed military facilities in Syria, with lawmakers lamenting that the White House did not consult with Congress in advance and did not adequately notify them of the attacks.
The White House said Biden had ordered the attacks in retaliation against Iranian-backed militia groups, which have launched similar attacks against American forces in recent weeks. Biden himself wrote in a letter to Congressional leaders who ordered the attacks in “self-defense”.
Biden government officials began reporting to Congress this week about the attacks in Syria, but have yet to report directly to lawmakers. Senator Chris Murphy (D-Conn.) Told POLITICO on Tuesday that he attended a team-level meeting because the Biden government has not yet scheduled sessions for senators.
Murphy said he was not satisfied with the White House’s justification for the attacks, adding: “I still need to be convinced that any president has the necessary authorization to carry out a retaliatory attack, especially outside Iraq.”
Kaine and Young are among the most expressive lawmakers over the years, criticizing presidents of both parties for circumventing Congress by ordering military operations in the Middle East.
Democrats are not just confronting Biden about his powers to wage war; they are also pressing him to take additional measures to punish Saudi Arabia for the murder of Jamal Khashoggi. The Biden government published a long secret intelligence report last week that blamed Saudi prince Mohammed bin Salman for approving the operation that killed Khashoggi, but the government refused to impose direct penalties on the crown prince.