Senate rejects amendment limiting US ability to join NATO wars in NDAA.
The Senate Takes a Stand: U.S. Congress Must Declare War Before NATO’s Article 5 is Invoked
Article 5 of the North Atlantic Treaty requires NATO member nations, including the United States, to defend any attacked member nation. However, an amendment proposed by Sen. Rand Paul (R-Ky.) to this year’s National Defense Authorization Act (NDAA) aimed to clarify that Congress must declare war before the United States engages in war, even under Article 5.
The amendment, unfortunately, did not pass the Senate’s NDAA vote, with only 16 senators in favor and 83 opposed. Sen. Paul argued that the amendment aligns with the NATO Treaty, which allows each ally to determine whether to engage in military hostilities. He emphasized the importance of Congress’s responsibility to declare war and not delegate it to NATO.
On the other hand, Sen. Bob Menendez (D-N.J.) opposed the amendment, stating that it was unnecessary and could undermine U.S. support for NATO allies, especially in light of Russia’s invasion of Ukraine.
Senate Votes To Block Future Presidents From Leaving NATO
Prior to rejecting Sen. Paul’s amendment, the Senate approved a different amendment introduced by Sen. Tim Kaine (D-Va.). This amendment prevents any U.S. president from withdrawing from NATO without the advice and consent of the Senate or through a specific act of Congress.
Sen. Kaine’s amendment also restricts a president’s access to resources for ending U.S. participation in NATO without Congressional approval. It prohibits the use of taxpayer funds for a U.S. withdrawal from NATO and grants Congress the authority to challenge any presidential actions in federal court.
The amendment passed with a vote of 65–28, with only Republicans opposing the measures to limit the presidency’s power to withdraw from NATO.
Sen. Kaine has been advocating for such legislation for years, and this amendment builds upon his previous efforts.
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