War Powers and Congress Surrender in Venezuela Raid

War Powers and Venezuela Raid: Congress’s Surrender of Decision-Making

Estimated reading time: 5 minutes

Key takeaways

Congress has largely abdicated its war-making role, even as the executive button-pushes into foreign action.
The War Powers Resolution of 1973 remains a contested instrument, offering limited restraint on rapid, small-scale operations.
Historical patterns show presidents frequently act first and seek legislative cover later, with broad AUMFs lingering since 9/11.
Legislation to restrain unilateral actions faces partisan hurdles, underscoring a structural tension between urgency and deliberation.

Introduction

Americans woke up to headlines about a U.S. raid in Venezuela that raised immediate questions about procedure and legality. The central inquiry: what role did Congress play in this operation, and what limits remain on presidential unilateral action? The Conversation interview with Sarah Burns—associate professor and author of The Politics of War Powers—offers a framework for understanding the tension between executive urgency and congressional restraint. The article emphasizes that the event prompts a broader, ongoing debate about who gets to decide when the United States goes to war.

Is this a war?

Burns argues it isn’t a full-scale war but a regime-change action with limited legitimacy and uncertain strategic payoff. Whether the outcome justifies the risk remains doubtful, regardless of ideological stance. The distinction matters because it shapes the constitutional expectations for presidential action and congressional response.

Congress’s role in military action

Congress has been, in Burns’s view, incredibly supine. While Democrats attempted to pass a War Powers Act-like measure to constrain President Trump on Venezuela, party-line votes defeated the effort. The broader point is that Congress has the legal and constitutional tools to restrain the executive, yet political calculations often trump strict enforcement.

What power does Congress have to restrain him?

Legislation remains the primary path—though Congress is not well-suited to rapid action. Courts have repeatedly told Congress to work with the executive to craft statutes that would restrain presidential power. Joint resolutions are symbolic, while the War Powers Resolution (1973) sought to force congressional authorization for sustained conflicts, though it permits a 60–90 day window without consent.

War Powers Resolution explained

The War Powers Resolution, born from the Vietnam era, aimed to curb unilateral deployments but has produced mixed outcomes. The 2001 and 2002 authorizations for use of military force—intended for counterterrorism and Iraq—have been used to justify a broader array of actions, blurring lines and widening executive latitude. A notable later effort in 2021 by Senators Lee, Sanders, and Murphy sought to restrain unilateralism, but it did not pass.

Historical context

Historically, scholars like Edward Corwin described foreign policy as a continuous struggle between branches. Since Korea (1950) and the enduring reach of post–9/11 authorizations, presidents have often acted first and sought legislative cover second. The balance remains unsettled: ambition tends to outpace accountability in moments of crisis.

What can Congress do now?

To realign incentives, Congress could advance precise funding controls, time-bound authorizations, and clearer reporting requirements. The goal is deliberation over dispatch—slower, more inclusive debate that curbs the impulse to rush into conflict. This is not just a partisan issue; it’s a constitutional design question about how power should ebb and flow between branches.

The article cites The Conversation piece and its broader discussion of war powers, referencing the evolution of executive war-making since the Vietnam era and the ongoing debates about how Congress should reassert or share authority. The piece underscores that these tensions are not tied to a single party, but to a structural framework that remains unresolved. A fuller source discussion can be found via the War Powers literature and the referenced Works, including the DOI link https://doi.org/10.64628/AAI.aesuh537n.

Source: https://theconversation.com/i-wrote-a-book-on-the-politics-of-war-powers-and-trumps-attack-on-venezuela-reflects-congress-surrendering-its-decision-making-powers-272668