By: Sergeant Major Charles Hancock
Did our President order the Houthi air strikes? If not, we have a serious violation of the law if he just lets the Secretary of Defense carryout the strike without an explicit Presidential order. Let us look at the law for a minute:
In the United States, the authority to launch a military strike against a foreign enemy is divided between the President and Congress, as outlined in the U.S. Constitution and federal law.
Presidential Authority
The President, as Commander in Chief of the Armed Forces (Article II, Section 2 of the Constitution), has the power to order military action, including airstrikes, in response to an immediate threat or as part of ongoing military operations.
The War Powers Resolution of 1973 allows the President to deploy forces for up to 60 days without Congressional approval, but they must notify Congress within 48 hours.
In cases of self-defense (e.g., responding to an attack on the U.S. or its allies), the President can unilaterally authorize a strike.
Congressional Authority
Congress holds the power to declare war (Article I, Section 8 of the Constitution).
Congress controls military funding and can approve or reject extended military campaigns.
It can also pass resolutions authorizing specific military actions, such as the Authorization for Use of Military Force (AUMF) used in Iraq and Afghanistan.
Checks and Balances
While the President has broad authority to initiate military action in urgent situations, Congress retains the power to limit or extend military engagements through legislation, funding decisions, and oversight.
The Secretary of Defense does not have the authority to launch a military strike without explicit orders from the President or authorization from Congress.
Role of the Secretary of Defense
The Secretary is a civilian appointed by the President and confirmed by the Senate.
The Secretary oversee the Department of Defense (DoD) and execute military policy as directed by the Commander in Chief (the President).
While the Secretary advise the President and may recommend military actions, the Secretary do not have independent authority to initiate strikes.
Chain of Command
The President (Commander in Chief) issues orders for military operations.
The Secretary of Defense relays those orders to the Joint Chiefs of Staff and combatant commanders.
The military executes the orders.
The Secretary of Defense executes presidential orders but does not have independent authority to order a strike.
If the Secretary authorized the strike without presidential approval, he could be held accountable for overstepping his authority.
So where does the buck stop? In my opinion, the buck lies squarely on the Oval Office, and the President of the United States.
Also, why were there no active-duty military personnel such as the Chairperson of the Joint Chief of Staff notified?
If we have a situation where, out of laziness, incompetence, or inattention, the President has let the Secretary of Defense assume war powers. It is time to write your elected officials and hold these people accountable before their procedural sloppiness further violates our Constitutional law.
This article was originally published in the Sierra Vista publication, My Herald Review. Charles E. Hancock, Sergeant Major is retired United States Army and lives in Sierra Vista, AZ. He serves on the advisory board for the renovation of Camp Naco, a Buffalo Soldier basin and fort erected in the late 18880’s just outside of the town of Bisbee, Arizona.
