Senate Rejects War Powers Resolution 49-51, Declining to Direct Removal of U.S. Forces from Venezuela Hostilities Amid Ongoing Government Shutdown
The Senate convened for a major chamber-day, primarily focused on a contentious vote regarding the President's authority to engage in military hostilities. Senator Kaine moved to discharge S.J. Res. 90, a War Powers Resolution seeking to direct the President to terminate the use of U.S. Armed Forces for hostilities within or against Venezuela without congressional authorization. After significant debate, the motion was rejected by a vote of 49-51. The day also featured extensive discussion on the ongoing government shutdown, with multiple unanimous consent requests related to federal employee pay being objected to, and various other legislative and administrative matters.
This chamber-day was highly significant as it involved a direct challenge to the President's executive war powers, with the Senate ultimately declining to assert its constitutional authority to prevent potential military action against Venezuela. The vote's outcome reinforces the executive branch's discretion in military engagements, particularly concerning counter-narcotics operations. The continued failure to resolve the government shutdown, highlighted by repeated objections to proposals addressing federal worker pay, underscores deep partisan divisions and has tangible consequences for millions of Americans.
Directing the Removal of United States Armed Forces from Hostilities Within or Against Venezuela That Have Not Been Authorized by Congress
S.J. Res. 90Question before the chamber
Motion to discharge S.J. Res. 90 from the Committee on Foreign Relations.
The case for
Proponents, including Senators Kaine, Schiff, Kim, Duckworth, Welch, Durbin, and Schumer, argued that the Constitution vests the power to declare war exclusively in Congress, not the President. They cited a significant military buildup around Venezuela, including the USS Gerald R. Ford carrier strike group, and President Trump's public statements about 'looking at land now' and authorizing covert action in Venezuela, as evidence of imminent hostilities. They emphasized that the War Powers Act was designed to prevent the President from unilaterally initiating war and that Congress must not abdicate its responsibility to debate and vote on such a critical decision, especially given the risks to U.S. servicemembers and the potential for regional destabilization. They also questioned the legal justification for ongoing strikes against boats and the administration's shifting rationale.
The case against
Opponents, including Senators Graham and Risch, argued that the President, as Commander in Chief, has the constitutional authority and duty to protect the United States from threats, including narcoterrorists. They asserted that the War Powers Act is unconstitutional and that Congress's proper checks on the President's military actions are through funding or impeachment, not by substituting its judgment for the Commander in Chief. They highlighted the national security threat posed by drug cartels and narcoterrorists, particularly those operating from Venezuela, and praised President Trump's decisive actions to interdict drug shipments and save American lives. They also noted that prior Presidents have taken military action in the Western Hemisphere without congressional authorization.
Disposition
Motion to discharge · recorded vote
Rejected
49-51
Who is affected
- U.S. servicemembers and their families: Potential deployment into hostilities and risk to life and health without explicit congressional authorization.
- Venezuelan citizens: Potential for military conflict, destabilization, and humanitarian crisis if U.S. military action escalates.
- American public: Impact of executive overreach on constitutional checks and balances, and the potential for the U.S. to be drawn into an unauthorized war.
- Communities affected by drug trafficking: Continued flow of illicit drugs into the U.S., with debate over the effectiveness of military strikes versus law enforcement approaches.
Senate Rejects War Powers Resolution on Venezuela
highThe Senate voted 49-51 to reject a motion to discharge S.J. Res. 90, a joint resolution that would have directed the President to terminate the use of U.S. Armed Forces for hostilities within or against Venezuela unless explicitly authorized by Congress. Proponents argued for congressional authority over war, citing constitutional principles and concerns about escalating conflict, while opponents defended the President's Commander-in-Chief powers and the necessity of confronting narcoterrorism.
Continued Government Shutdown and Failed Pay-Related UC Requests
highSenators engaged in extensive debate regarding the ongoing 37-day government shutdown. Senator Kennedy offered two unanimous consent requests for bills to withhold or defer congressional pay during a shutdown, both of which were objected to. Senator Paul also offered a UC request for a bill to ensure all federal workers are paid during a shutdown, which was also objected to. These actions highlight the continued impasse over government funding and the inability to agree on measures to mitigate the shutdown's impact on federal employees.
Concerns Raised Over President's Use of Military Force Against Drug Cartels
mediumDuring the debate on S.J. Res. 90, several Senators expressed strong concerns about the Trump administration's recent airstrikes in the Caribbean and Pacific, which have killed dozens of individuals, and the legal justification for these actions. Critics argued these strikes were unconstitutional, lacked transparency, and risked escalation, while supporters defended them as necessary to combat narcoterrorism and protect American lives.
Discussion on Healthcare Affordability Amid Shutdown
mediumSenators discussed the impact of the ongoing shutdown on healthcare affordability, particularly the expiration of enhanced Affordable Care Act (ACA) premium tax credits. Senator Welch offered a UC request for a bill to extend these credits, citing significant premium increases for constituents, but it was objected to by Senator Crapo, who argued for broader healthcare system reforms rather than temporary fixes.