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A resolution with far-reaching constitutional implications

Resolution S.J.Res.90, introduced on October 16, 2025, but which had until now never managed to overcome procedural hurdles, is based on a particularly strong legal and constitutional argument. Its preamble sets forth six fundamental facts: first, that “Congress has the solemn power to declare war” under Article I, Section 8, Clause 11 of the United States Constitution; second, that Congress has “never declared war on Venezuela or on any person or organization in Venezuela, nor enacted a specific statutory authorization for the use of military force in Venezuela or against Venezuela.” The text also emphasizes that U.S. military actions constitute either hostilities or a “situation where imminent involvement in hostilities is clearly indicated by the circumstances.”

The arguments put forward by the resolution’s authors highlight several elements of particular concern to lawmakers: the authorization reportedly granted to the Central Intelligence Agency to conduct covert lethal operations in Venezuela; the significant increase in U.S. military resources, personnel, and operations near Venezuela; and statements by U.S. government officials regarding the planning of ground strikes in Venezuela. These elements, according to the senators, “indicate the imminent involvement of U.S. armed forces in hostilities in Venezuela or against Venezuela.” The resolution specifically emphasizes that the question of whether U.S. forces should be engaged in hostilities in Venezuela should be subject to “a full briefing to Congress and the American public on the issues at stake, a public debate in Congress, and a vote by Congress as provided for by the Constitution.”

The Legal Mechanisms of the Resolution

From a legal standpoint, the resolution draws on specific legislative mechanisms provided for under U.S. law to regulate presidential powers regarding war. It refers to Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), which provides that “any resolution or bill seeking to require the withdrawal of United States armed forces from imminent involvement in hostilities without a declaration of war or specific statutory authorization shall be considered in accordance with the expedited procedures of section 601(b) of the International Security and Arms Export Control Act of 1976.” This legal basis allows for an expedited review of the resolution in Congress, thereby recognizing the urgency of the situation.

The core of the resolution lies in Section 2, which states that “pursuant to Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), and in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, Congress hereby directs the President to cease the use of United States armed forces for hostilities in or against Venezuela, unless explicitly authorized by a declaration of war or a specific authorization for the use of military force.” It is important to note that the text includes a construction clause specifying that “nothing in this section shall be construed as preventing the United States from defending itself against an armed attack or the threat of an imminent armed attack,” thereby preserving the traditional right to self-defense.

It fascinates me to see just how much resilience American institutions retain, even when weakened. This resolution is not merely a technical document; it is a genuine act of institutional resistance against imperial temptation. Rand Paul, that eccentric libertarian who spends his time blocking nominations for trivial reasons, has finally found a noble cause. Tim Kaine, that Democrat so cautious he sometimes becomes invisible, has shown he can be courageous. The alliance between these two is like the cat and the mouse suddenly deciding to join forces against the wolf. And you know what? It’s working—at least for now.

Sources

Primary sources

Congress.gov – Text of S.J.Res.90: 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. 119th Congress (2025–2026). Accessed January 9, 2026.

Official statements by Senator Tim Kaine, U.S. Senate, January 7, 2026.

Official statements by Senator Rand Paul, U.S. Senate, January 7, 2026.

Official press release from Senator Susan Collins, January 8, 2026.

Posts by Donald Trump on Truth Social, January 8, 2026.

Secondary sources

Sud Ouest with AFP, “Venezuela: U.S. Senate Passes Resolution to Limit Donald Trump’s Military Powers, Sparking His Anger,” January 8, 2026.

Le Nouvel Observateur, “Limited military power, Republican defiance… What we know about the Senate resolution against the Trump administration,” January 8, 2026.

La Presse, “Republicans Vote to Limit Trump’s Military Powers,” January 8, 2026.

Realités Info, “Washington Limits Its Military Scope of Action in Venezuela,” January 8, 2026.

Le Figaro, “They Should Never Be Elected Again: Trump Furious After Republican Senators Vote to Limit His Military Powers in Venezuela,” January 8, 2026.

This content was created with the help of AI.

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