President Donald Trump's dramatic military intervention in Venezuela, resulting in the capture of President Nicolás Maduro, has starkly exposed the ongoing erosion of the US Congress's constitutional authority to declare war.
A Weekend Strike and a Constitutional Quandary
Over the Christmas holiday weekend, while much of Washington was absent, President Trump ordered a "large-scale" strike on Caracas. The operation led to the arrest of Venezuela's leader, Nicolás Maduro. Crucially, Trump bypassed the standard protocol of seeking authorisation from Congress, justifying the move by stating, "Congress will leak, and we don't want leakers."
The administration, including Secretary of State Marco Rubio, has framed the mission as a law enforcement action. However, its scale and military nature place it firmly within the traditional purview of congressional war powers, a fact that has sparked intense debate about the balance of power.
Congressional Response: Muted Opposition and Political Reality
The Republican response has been largely supportive, with only a handful of critics like the retiring Marjorie Taylor Greene voicing dissent. This follows a pattern where Congress, under both parties, has gradually ceded war-making authority to the executive branch for decades.
Senate Minority Leader Chuck Schumer confirmed the Senate will vote on a War Powers Act resolution this week. The 1973 Act was designed to reclaim congressional oversight after the Vietnam War, requiring the president to notify Congress within 48 hours of deploying forces without authorisation.
Yet the resolution's prospects are dim. With Democrats holding only 47 Senate seats, passage would require significant Republican crossover. So far, only Senator Rand Paul has indicated support. Furthermore, the Republican-controlled House shows little appetite to challenge the president.
When questioned about using the imminent government funding deadline of 30 January as leverage, Schumer demurred. "January 30 is days away, let's first get all the facts out," he told The Independent.
Briefings and a Diminished Legislature
A high-level briefing for Congressional leaders, known as the "Gang of Eight," was scheduled for Monday evening. Attendees included key figures such as Speaker Mike Johnson, Senate Majority Leader John Thune, and the top members of the intelligence and foreign affairs committees.
This event underscores the informational role Congress now often plays, rather than a decisive one. Analysts note that Trump's second term has seen a consistent pattern of sidelining the legislature, from deep spending cuts to the bombing of Iran's nuclear facilities.
The political dynamics make a robust congressional challenge unlikely. Republicans have long opposed the Venezuelan regime, and the action plays well with crucial Cuban and Venezuelan voters in South Florida, a key Trump constituency.
The fundamental question remains: can Congress reassert its constitutional authority? The answer, for now, appears to hinge on Republican leadership. With figures like Johnson and Thune in power, a significant pushback against the president's expansion of executive war powers seems a distant prospect, setting a profound precedent for the future of American military engagement.
