Current law constraining the President: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 2

Author
Jacques Singer-Emery
Content Type
Journal Article
Journal
Harvard Journal of Middle Eastern Politics and Policy
Volume
8
Issue Number
0
Publication Date
2019
Institution
The John F. Kennedy School of Government at Harvard University
Abstract
This is the second of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. As explained in Part 1 of this series, the Trump administration’s continued support for the Saudi coalition’s war in Yemen has triggered a range of Congressional responses. Although Congress faces challenges in passing new legislation to denounce Saudi Arabia’s actions in Yemen and its killing of Jamal Khashoggi, the White House’s Saudi policy implicates at least four pieces of existing legislation: the Arms Export Control Act (AECA), the War Powers Resolution, the Foreign Assistance Control Act (FAA), and the Leahy Laws. These laws were all passed during the Cold War to curtail the executive’s increasing ability to unilaterally sell arms, supply military aid, and order U.S. troops to assist allies in a theater of war. The executive must abide by these laws. If the President refuses or cuts corners, Congress can bring him to heel directly via impeachment, or indirectly through court orders that force executive branch agencies to halt the restricted activity.
Topic
Government, War, Law, Courts, Legislation
Political Geography
Yemen, Saudi Arabia, North America, United States of America, Gulf Nations