U.S. Senator Lindsey Graham of South Carolina issued a statement following the Senate vote on the Venezuela War Powers Resolution, which was introduced by Senator Tim Kaine of Virginia. Graham, who voted against the resolution, expressed his concerns about its implications for presidential authority and national security.
Graham stated, “I served for 33 years as a military lawyer judge advocate for the U.S. Air Force. I was a prosecutor, defense attorney and for a brief period, a military judge. The authority of the Commander in Chief under Article II of the U.S. Constitution in matters of conflict and the President’s ability to use military force to protect our nation is a subject matter area I feel comfortable with.”
He criticized the Senate’s action: “Today’s vote in the U.S. Senate on the Venezuela War Powers Resolution was a gift to our enemies, will encourage more bad behavior in Venezuela and it is an unconstitutional attempt to restrict the power of the Commander in Chief.”
Graham emphasized his longstanding position on presidential powers: “Throughout my political career I have been consistent on the idea that under the U.S. Constitution, there is only one Commander in Chief and that is the President. I’ve always rejected the idea that the U.S. Constitution allows Congress to replace the President’s judgement as Commander in Chief in matters of military force.”
He referenced past events to illustrate his view: “I told then-President Obama his actions in Syria fell within his authority as Commander in Chief and that he did not need congressional authorization.”
On constitutional roles regarding war powers, Graham said: “Declaring war is exclusive to Congress and has only been done five times in our history. That does not mean a President can only use military force with congressional approval. There have been over 130 military actions taken by a President without congressional authorization. None have been stopped by the U.S. Supreme Court.”
Regarding existing law, he added: “The War Powers Act of 1973 is patently unconstitutional and must give way to delegated powers of the Constitution itself, designating the President as the sole Commander in Chief of our armed forces under Article II. One of the bedrock principles of American jurisprudence is that the U.S. Constitution reigns supreme in matters of law.”
Graham also addressed party politics related to this issue: “President Trump is right to be upset with Republicans that voted with Democrats to limit his ability to change Venezuela for the better and make the world safer.”
Discussing Congressional checks on executive power, he noted: “If a member of Congress disagrees with the Commander in Chief’s decision to use military force, then they have the right to stop funding for those operations because Congress has the power of the purse under the U.S. Constitution – or they can bring impeachment actions against the President if they think it is unlawful.”
He continued: “A member of Congress does not have the right to replace their judgement for that of the President who is the Commander in Chief. The nation cannot function with 535 Commanders in Chief.”
Addressing fellow Republicans specifically, Graham said: “To my Republican colleagues, you are buying into unconstitutional garbage. If you continue down this road, you are going to lessen chances of success in Venezuela and other theaters where President Trump, through his strength and resolve, is bringing about positive change.”
He concluded by reiterating national security concerns: “Again, our enemies will be encouraged by this vote in United States Senate.”
Senator Graham serves as chairman for several key committees including Budget Committee while representing South Carolina since first being elected in 2002. He has consistently advocated for strong national defense policy as detailed on his official website.
