Earlier this week, an overwhelming majority in the Senate voted down a proposed amendment from Sen. Rand Paul (R-Ky.) that would have modified the latest National Defense Authorization Act (NDAA), which in its annual incarnations provides funding for the nation’s defense apparatus.
Paul’s proposal singled out the well-known provisions of the North Atlantic Treaty Organization (NATO) that mandate member countries participate in another member’s defense should that nation be attacked. The Kentucky Republican sought an affirmation that Constitutional provisions demanding Congressional input before the U.S. goes to war were controlling and superseded the NATO rules, though on the floor of the Senate, Democrats argued that Paul’s initiative was unnecessary and potentially violative of other legal precedents in the U.S. that provide limited war powers to the president in circumstances absent Congressional backing.
“There is no question that, like any other treaty, the NATO treaty does not supersede the Constitution,” Sen. Robert Menendez (D-N.J.) argued. “However, specifically calling out article 5 of the North Atlantic treaty here erroneously implies that there is a tension between it and the Constitution. This sends a damaging message about the U.S. commitment to the alliance at a time when support for NATO is as critical as ever given Russia’s invasion of Ukraine.” Paul himself acknowledged in some of his own remarks that NATO rules did not necessarily mandate the participation of member countries in direct military hostilities involving another member, though that sort of response may be expected of participating nations.
Ultimately, 83 Senators voted “no” on Paul’s amendment, with only 16 in favor. Those backing Paul’s proposal included familiar Republicans like Ted Cruz of Texas and Josh Hawley of Missouri. Elsewhere in the Senate and House, recently proposed amendments threatening the availability of U.S. support for Ukraine amid the latter’s defense against Russia have also repeatedly failed as these funding negotiations continue.
