Menendez Jr & Kim Should Know the Difference Between War and a Limited Military Operation

By any fair reading of the Constitution and federal statute, there is a critical difference between a declaration of war and a limited military operation. Yet recent statements by New Jersey federal officials—most notably Congressman Rob Menendez and Senator Andy Kim—blur that line in ways that suggest a troubling misunderstanding of basic war-powers law.

To be clear at the outset: Congress alone has the power to declare war. On that narrow point, Congressman Menendez is correct. But acknowledging that truth does not end the analysis—because not every military action is a war, and the Constitution does not require Congress to pre-approve every discrete use of force.

What the Law Actually Says

Under Article II of the Constitution, the President is Commander in Chief of the U.S. armed forces. Congress, in turn, retains the power to declare war under Article I. These are shared powers, not mutually exclusive ones.

Congress itself recognized this reality when it enacted the War Powers Resolution (50 U.S.C. §§ 1541–1548). That statute explicitly contemplates situations in which a President may introduce U.S. forces into hostilities without prior congressional authorization, subject to:

48-hour notification to Congress (50 U.S.C. § 1543), and Mandatory withdrawal after 60 days (with a possible 30-day extension for safe disengagement) unless Congress authorizes continued action (50 U.S.C. § 1544(b)).

This framework exists precisely because limited military actions are not declarations of war.

Arrest Operations Are Not Invasions

Recent events underscore the importance of this distinction.

On January 3, 2026, the United States conducted a large-scale military operation in Caracas, Venezuela, in which U.S. forces reportedly captured Venezuelan President Nicolás Maduro and his wife and flew them out of the country; President Donald Trump described this as a successful strike and said the United States would “run” Venezuela temporarily as power transitioned. 

The reports indicate the operation involved U.S. military force directed at specific objectives, including capturing Maduro and transporting him to the United States to face criminal charges.  Some U.S. lawmakers, including Republican Senator Mike Lee, have suggested the operation might fall under the President’s Article II authority to protect U.S. personnel.  At the same time, other voices in Congress have expressed concern over the lack of authorization. 

This is exactly the type of scenario the War Powers Resolution contemplates: a short-term use of force with a specific objective, not a full-scale war requiring a formal congressional declaration.

An operation to arrest a designated individual—however high-profile—is legally distinct from an open-ended invasion or occupation. It is not a declaration of war; it is a limited military engagement. The statutory framework that governs such actions is designed to balance the President’s ability to act swiftly when necessary with Congress’s role in authorizing long-term hostilities.

Why This Matters

What is especially disappointing is that these legally grounded distinctions are lost in statements by lawmakers who are trained in law and charged with defending the Constitution.

Criticizing executive action is healthy. But misstating black-letter constitutional law is not.

If Congressman Rob Menendez Jr, US Senator Andy Kim and Governor Elect Mickie Sherill, want to challenge or debate the legality of a specific military action, they should do so on accurate legal foundations—for example, whether proper reporting requirements were met under the War Powers Resolution or whether the scope of the operation exceeded what Congress has authorized.

Sweeping assertions that every use of force equals an unauthorized “war” demonstrate a failure to engage with the actual text of the Constitution and controlling statute.

The Bottom Line

Yes—only Congress can declare war.

No—not every military operation is a war.

And it is concerning that elected officials representing New Jersey, particularly Hudson County, appear unwilling or unable to articulate that distinction.

In matters of war and peace, precision matters—and the people of New Jersey deserve representatives who understand the law they invoke. This is a complete embarrassment the level of either legal ignorance by elected officials or simply role playing in political democrat theatrics. Then again, Menendez Jr should know a lot about communism from his father’s “experiences” in a Castro dictatorship, correct?