What History Says About Biden’s Power to Strike Back Against the Houthis

“During the Constitutional Convention in 1787, the framers debated how to allocate military and war powers among the branches of government. Some, like Pierce Butler of South Carolina, thought that power should lie with the president, while most others, including Elbridge Gerry, “never expected to hear in a Republic a motion to empower the Executive alone to declare war.” (Emphasis added.) Reflecting this consensus, James Madison successfully moved to change a draft sentence that empowered Congress to “make” war to language empowering it to “declare” war — the implication being that “the Executive should be able to repel and not commence, war,” in the words of Connecticut delegate Roger Sherman.”

“Convinced that paying off the pirates was both costly and without an end in sight, Jefferson resolved to take military action. For weeks, his cabinet debated whether the president had sole authority as commander-in-chief to send naval forces to the Mediterranean in a defensive posture. Only one, Attorney General Levi Lincoln, argued that he needed congressional approval even for this limited measure. But the cabinet’s general consensus held that Jefferson enjoyed some prerogative.

Jefferson agreed. Without congressional approval, he sent an American fleet to the Mediterranean, with detailed instructions of what to do — and what not to do. Commodore Richard Dale, the officer in charge, was ordered to “sink, burn, capture, or destroy vessels attacking those of the United States.” But his men were not to initiate combat or step foot on Barbary land. Only after the Republican Congress authorized “warlike operations against the regency of Tripoli, or any other of the Barbary powers,” did Dale’s forces proactively attack the pirate states on their own land. Ultimately, American military success, particularly at the Battle of Derna in 1805, convinced the Barbary authorities that it was time to call a truce. The Treaty of Peace and Friendship, signed the same year, effectively drew a close on Jefferson’s Barbary wars.”

“Contrary to the assertions of progressives like Jayapal and conservatives like Greene, presidents since the founding have affirmed their authority and responsibility to deploy military forces defensively without congressional approval.
To date, Biden has unilaterally ordered targeted strikes against Houthi military targets to diminish the terrorists’ ability to persist in their piracy. He hasn’t ordered a ground invasion of Yemen, a wider offensive against civil and governmental assets or an initiative to depose the Houthi government. He has followed closely in Jefferson’s footsteps, even if 250 years of evolution in technology and warfare make a direct comparison complicated.”

https://www.politico.com/news/magazine/2024/01/24/biden-power-houthis-history-00137185

AOC Defends Due Process as Colleagues Greenlight Asset Seizure Bill

“The bill does not suggest that those whose assets are seized must be linked to—let alone convicted of—any crime. Rather, it states that the Biden administration shall “determine the constitutional mechanisms through which the President can take steps to seize and confiscate assets under the jurisdiction of the United States” of any foreign person on whom the president has imposed sanctions due to their links to Putin’s regime.

Nor does it require that sanctions and asset seizure be linked to corruption; political “support for” the Putin administration is enough.

Of course, in a country like Russia, where dissidence can be punished gravely, support may be a matter of (economic and sometimes literal) survival. Is it really fair for the U.S. to punish people for this?

Alas, a lot of legislators think so. The Asset Seizure for Ukraine Reconstruction Act passed the House by a vote of 417–8 on Thursday.

Rep. Alexandria Ocasio-Cortez (D–N.Y.) was one of just eight “no” votes on the measure.

“This vote asked President Biden to violate the 4th Amendment, seize private property, and determine where it would go – all without due process,” AOC said in a statement. “This sets a risky new precedent in the event of future Presidents who may seek to abuse that expansion of power, especially with so many of our communities already fighting civil asset forfeiture.”

It’s a very valid concern—and the kind all too rare among lawmakers and among political partisans more broadly.”

COVID-19 Demonstrates the Need To Change Nuclear Weapon Launch Authority

“While Congress or military leaders are involved in any other decision to use of military force, the president can legally order a nuclear strike on his own. “Congress doesn’t have any role in this at the moment,” says Alex Wellerstein, a historian of science at the Stevens Institute of Technology. “They’re not expected to be consulted.”

Unitary presidential control of nuclear weapons dates from the immediate aftermath of the Hiroshima and Nagasaki bombings, and the practice has been cemented over time. This is partly a product of the general shift toward a stronger executive, and partly just an issue of timing: If the missiles are coming, you can’t call up Congress.”

“”The system we have is very much a product of the 1940s, with some modifications in the 1950s and the 1960s,” Wellerstein says. “And we don’t live in the 1940s, ’50s, or ’60s. So I think we should feel free to question whether the system we have now is the ideal system for our present day.””