PolicyBrief
S.J.RES. 98
119th CongressDec 3rd 2025
A joint resolution to direct the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress.
IN COMMITTEE

This joint resolution directs the President to remove U.S. Armed Forces from hostilities within or against Venezuela unless Congress specifically authorizes such use of force.

Timothy "Tim" Kaine
D

Timothy "Tim" Kaine

Senator

VA

LEGISLATION

War Powers Check: Resolution Demands Immediate Withdrawal of Unauthorized U.S. Forces from Venezuela

This joint resolution is a direct order from Congress to the White House, demanding the immediate termination of any use of U.S. Armed Forces for hostilities “within or against Venezuela.” The core argument, laid out in Section 1, is straightforward: Congress holds the sole power to declare war, and it has not authorized any military action or the use of military force against Venezuela. This means any current military operations there are, by Congress’s definition, unauthorized and must stop.

The Constitutional Reset Button

Think of this bill as Congress hitting the reset button on the War Powers Resolution (WPR). The WPR is the law that says the President needs Congressional approval for sustained military action. This resolution explicitly states that any U.S. military activity in Venezuela qualifies as introducing forces into “hostilities” under the WPR. Therefore, Section 2 mandates that the President must end these operations immediately. This isn’t a suggestion; it’s a legislative requirement intended to enforce the constitutional separation of powers, ensuring that decisions about engaging in conflict rest with the legislative branch, not just the executive.

What This Means for the Military and Taxpayers

For the military personnel currently involved in operations that could be classified as hostilities in Venezuela, this resolution means a mandated and potentially rapid withdrawal, unless Congress later authorizes the force. For taxpayers, this is a move toward fiscal accountability. Unauthorized, undeclared military engagements can be costly and prolonged, draining resources without public debate or clear objectives. By asserting its authority, Congress is attempting to prevent mission creep and the associated financial burden of an open-ended conflict.

The Built-in Exception: Self-Defense

While the resolution is firm about ending unauthorized hostilities, it includes a crucial "Rule of Construction" that keeps the door open for necessary action. This section clarifies that the termination order does not prevent the U.S. from defending itself from an “actual armed attack or the threat of an imminent armed attack.” This is standard legal language, but it’s also where things get tricky. The Executive Branch has historically interpreted “imminent threat” broadly to justify military action. If the White House believes U.S. forces are under immediate threat, they could potentially argue that the withdrawal must be delayed or that certain actions are necessary self-defense, even after this resolution passes.

Speeding Up Future Decisions

Beyond the immediate withdrawal, the resolution also sets up a procedural mechanism for future debates. It requires that any bill seeking to withdraw U.S. forces from imminent hostilities—like this one—must be considered using expedited procedures. This means less stalling and more direct votes on matters of war and peace, which is a significant structural change designed to make Congress more responsive when the Executive Branch initiates military action without prior authorization.