While Russia's war against Ukraine rages on and new countries seek to join NATO in response to the Kremlin's aggression, the U.S. Senate voted down an amendment offered by Sen. Rand Paul (R-KY) on Wednesday that would have reasserted Congress' power — not NATO's — to start a war involving the United States.
Sen. Paul introduced the amendment to the 2024 National Defense Authorization Act (NDAA) to make it clear that "[i]t is the sense of Congress that Article 5 of the North Atlantic Treaty does not supersede the constitutional requirement that Congress declare war before the United States engages in war."
By a vote of 16-83, the Senate rejected the amendment to reassert something already outlined in the U.S. Constitution all senators swore an oath to uphold. Those joining Paul in voting for the amendment were Senators Mike Braun (R-IN), Ted Cruz (R-TX), Steve Daines (R-MT), Bill Hagerty (R-TN), Josh Hawley (R-MO), Ron Johnson (R-WI), John Kennedy (R-LA), James Lankford (R-OK), Mike Lee (R-UT), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Marco Rubio (R-FL), Eric Schmitt (R-MO), Tommy Tuberville (R-AL), and J.D. Vance (R-OH).
Article 5 provides for "collective defense" among NATO member nations, stating that "an armed attack against one or more of them in Europe or North America shall be considered an attack against them all..." In recent months, Article 5 has been cited as something of a trigger for World War III given Russia's aggression against Ukraine. The talking point normally goes like this: If Russia, God forbid, mistakenly or purposely attacks a NATO country in Europe, then Article 5 means that NATO and its members would be at war with Russia. But that's not necessarily the case.
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As Senator Paul noted on the Senate floor Wednesday before the vote, his amendment is "consistent with the NATO treaty" while also reasserting that the treaty does not supersede the constitutional requirement for Congress to make the decision of whether or not to go to war. "Article 5 of the treaty commits allies to respond to an attack but allows each ally to determine whether to engage in military hostilities," Paul reminded. "Article 11 of the NATO treaty states its provisions are to be carried out by each country's constitutional process," he continued. "We cannot delegate our responsibility to NATO, nor are we expected to."
Today I offered an amendment that would reaffirm our constitutional authority to declare war. We cannot delegate our responsibility to NATO. pic.twitter.com/y0WUYEmyXQ
— Senator Rand Paul (@SenRandPaul) July 19, 2023
That is, NATO requires a response from its members in the event Article 5 is invoked, but that response is not necessarily — and definitely not automatically — war. If it is deemed that war is necessary, any such decision is to be made in accordance with member countries' constitutions. In the case of the United States, that means Congress must approve such action.
Senator Mike Lee shared his "surprise" with the outcome of the vote on Sen. Paul's amendment:
The Senate just rejected Senator Paul’s proposal to clarify that Article 5 of the NATO treaty “does not supersede the constitutional requirement that Congress declare war.” Treaties can’t declare war. Only Congress can do that. Inexcusable. pic.twitter.com/TK40JZhZC4
— Mike Lee (@BasedMikeLee) July 19, 2023
"I think it should be an easy vote to affirm the Constitution," Sen. Paul said on Wednesday. "To vote against affirming the Constitution actually places doubt in the Constitution," he explained. "The power to declare war is the most important power and the most important vote that any legislator will ever entertain...We do need to reaffirm the power and the necessity of declaring war because we are ignoring it by continuing to be involved in military activity and war around the globe without ever having voting on it as we are mandated by the Constitution," Paul reminded.
Senator Lee expounded on his earlier thoughts in a Twitter thread that advised those who believe Article 5 supersedes the U.S. Constitution to "please read it" and said "for the love of all that is sacred and holy, please tell your senators how you feel about their vote today."
🧵 1. To anyone who believes Article 5 of the NATO treaty supersedes the Constitution—and can take us to war automatically without action by Congress—PLEASE READ IT before you reach that conclusion. Here’s what it actually says:
— Mike Lee (@BasedMikeLee) July 20, 2023
“The Parties agree that an armed attack against… pic.twitter.com/JQiCjYZ6pm
2. Lest there by any doubt on the matter, Article 11 of the NATO treaty makes clear that “[t]his Treaty shall be ratified and its provisions carried out by the Parties in accordance with their respective constitutional processes.” Thus, the NATO treaty, by its own terms, DOES NOT…
— Mike Lee (@BasedMikeLee) July 20, 2023
3. Even if the NATO treaty contained no such language or contained ambiguous language on this point (to be sure, it does not), the underlying argument would still fail—miserably. You can’t nullify a provision of the Constitution without amending that document. Doing so, of…
— Mike Lee (@BasedMikeLee) July 20, 2023
4. If you agree, please help spread the word. And for the love of all that is sacred and holy, please tell your senators how you feel about their vote today.
— Mike Lee (@BasedMikeLee) July 20, 2023
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