The Trump Administration’s Invasion of Venezuela: A New Era of Executive Military Authority

By: Sara Callahan
Edited by: Tulsi Patel and Lana Alnajm

On January 3, 2026, the United States launched a military operation in the Bolivarian Republic of Venezuela that resulted in the capture of former President Nicolás Maduro and his wife, Cilia Flores [1]. This sudden operation, including transferring them to U.S. custody on criminal charges, came after years of tension and sanctions between the two nations, and verbal condemnations from the U.S. government about the alleged human rights violations and drug trafficking linked to some members of the Venezuelan government [2]. The invasion calls forth fundamental questions about the legality of unilateral military interventions under the U.S. Constitution [3].

In years prior to the invasion, Venezuela’s former President Hugo Chávez played a large role in the political relationship between the United States and Venezuela. In 1998, Chávez rose to power by leading the Bolivarian Revolution, which completely shifted the state’s constitutional order and institutions by creating a more central executive power and reducing democratic checks [4]. His fourteen years in office were marked by economic weakness, with over $100 billion in foreign debt and instability across the private and public sectors [4]. The opposing Democratic Unity Alliance and many other critics of Chávez argued that oil export revenues could have been invested in infrastructure rather than electoral spending and other ideological movements, which led to strains in the Venezuelan economy and in their relationship with the United States [4]. Upon his death in 2013, Nicolás Maduro fulfilled the new presidential role and oversaw the already concerning economic collapse while also increasing political suppression [5]. His administration also deepened the tension with the United States by frequently asserting that American interference and sanctions were responsible for Venezuela’s instability, including suggestions that the Americans were responsible for Chávez’s death: “[The United States] inoculated Commander Chavez with that illness to get him out of the way, and create a situation of destruction for Venezuela and its independent revolution,” said Maduro in August of 2015 [6]. In 2024, Maduro was reelected to a third term; however, substantial evidence suggests that the election lacked legitimacy [7]. Because of this, he is widely considered a dictator running an authoritarian government, exemplified by the alleged electoral fraud, censorship, economic disparities, corruption, and human rights abuses. The United Nations has alleged that thousands of people died in extrajudicial killings under his presidency, and nearly 8 million have fled the country due to fear and economic strife [8]. Worsening relations with the United States, Maduro has denied these claims and instead rebuts that these allegations stem from a United States conspiracy against Venezuela to create a crisis that could lead to regime change [9]. His Geneva ambassador, Hector Constant Rosales, rejected the UN’s report as a “pseudo report” that conceals "obscure interests” [8]. This history illuminates that the 2026 intervention was not an isolated move, but rather the apotheosis of years of worsening relations between the United States and Venezuela under an increasingly authoritarian regime.

Due to the ongoing economic and humanitarian crisis in Venezuela under President Nicolás Maduro, when the United States arrested him with criminal charges, many Venezuelans burst into celebration, and the nearly 8 million who fled economic struggle and repression under Maduro rejoiced in their respective cities. Thousands of Venezuelans cheered in the streets of Santiago, Chile, dressed in their national colors and dancing with the Venezuelan flag, with one vendor, Yurimar Rojas, exclaiming, “At last we’ll be able to go back home…at last we’re going to have a free country!” [10] Alongside the celebration and freeing reality of Venezuela without Maduro’s dictatorship, the legality of this invasion has come into question among many government leaders, political analysts, and the general public [11]. Under Article 1, Section 8 of the U.S. Constitution, “Congress shall have the power…to declare War,” which historically has often extended to large-scale, offensive military operations [12]. While the United States hasn’t officially, verbally declared war since World War II, it has engaged in armed conflict in countries such as Korea, Vietnam, and Afghanistan, due to congressional approval rather than a formal declaration. In this way, Congress’s ability to “...declare War” is not limited to verbal announcements, but also extends to offensive actions, such as a powerful, offensive invasion, removal of a government, capturing of a foreign leader, and occupying territory, to name a few. In the case of Donald Trump’s invasion and capture of the Maduro family, he did not request congressional approval before making this swift decision [13]. In a January 3rd press release, Congresswoman Alma S. Adams of North Carolina’s 12th district stated, “President Trump deployed U.S. troops and launched strikes in Venezuela without Congressional authorization, utterly violating the U.S. Constitution…the War Powers Resolution only allows for unilateral presidential action in response to an imminent threat facing American citizens or servicemembers,” an opinion shared by many U.S. politicians [14]. She continues, “He failed to offer any proof of that threat [and] failed to brief and seek Constitutionally required approval from Congress” [14].  While this decision benefited the millions of displaced Venezuelans who were finally able to return home, alongside the millions of Venezuelan citizens struggling under the dictatorship, this invasion lacked evidence of threat and consequently lacked constitutional validity, reflecting a broader shift in presidential authority under the Trump administration.

However, this is not the first time we’ve seen a president make swift, offensive moves without consulting Congress. In 1950, President Truman assigned U.S. forces to combat in Korea; in 1982, President Reagan deployed U.S. combat forces to Grenada, Libya, and Lebanon, among other nations; and President Obama authorized U.S. air strikes against Muammar Qaddafi in 2011 [3]. Each of these actions, similar to Trump’s, sparked constitutional debate over the boundaries of the executive branch. In this way, many political analysts claim that, in modernity, the Declare War Clause has shifted in meaning—a practice that permits the president to exercise greater authority in deploying military force than ever before. Many of these prior unilateral actions, however, were framed as short-term deployments, defensive measures, or air campaigns, and almost all were backed by the United Nations or the North Atlantic Treaty Organization and acquiesced by Congress afterward [3]. By contrast, in the case of the 2026 Venezuelan operation, there was an invasion of sovereign territory resulting in the capture of a current leader, as well as goals of long-term presence: “We’re going to run the country…we’re going to stay until such time as the proper transition can take place,” Trump stated in a press conference at the Mar-a-Lago estate in Palm Beach, Florida on January 3, 2026 [15]. This action was standalone, met with strong objection from many legislators and international institutions. Democratic Representative of Connecticut Jim Himes stated, “Maduro is an illegitimate ruler, but I have seen no evidence that his presidency poses a threat that would justify military action without Congressional authorization” [16]. This combination of regime removal and occupation of a foreign government resembles more of an act of war in both scale and consequence compared to the previous actions of other presidents. What began as somewhat controversial but limited, short-term military operations has now evolved into the complete removal of foreign leadership without congressional oversight, as seen in the most recent operation. Even though this clause has shown flexibility, as evidenced by prior presidential interpretations, the scale of this operation marks a new era for the Declare War Clause: one of unprecedented presidential authority. 

The invasion of Venezuela and toppling of President Nicolás Maduro’s regime signify both a hopeful future of freedom for Venezuelans and a contentious American geopolitical decision, often criticized as a strategic pursuit of oil interests that inherently subvert Venezuelan self-determination and mirror past U.S. interventions, such as Iraq. In addition, this operation represents an extension and perhaps permanent shift in the boundaries of executive military power. What was once a constitutional barrier to maintaining deliberation and checking presidential authority has gradually become a flexible vehicle for executive military agendas. Ultimately, the question is whether the Declare War Clause will return to its Congress-centered origin or continue as the swift mechanism for unilateral presidential intervention.

Notes:

[1]. PBS NewsHour, “A Timeline of U.S. Military Escalation Against Venezuela Leading to Maduro’s Capture,” January 2026, https://www.pbs.org/newshour/world/a-timeline-of-u-s-military-escalation-against-venezuela-leading-to-maduros-capture

[2]. Marco Rubio, “RUBIO: This Is Our Hemisphere — and President Trump Will Not Allow Our Security to Be Threatened,” The White House, January 4, 2026, https://www.whitehouse.gov/articles/2026/01/rubio-this-is-our-hemisphere-and-president-trump-will-not-allow-our-security-to-be-threatened/

[3]. National Constitution Center, “Article I, Section 8, Clause 11 (Declare War Clause),” https://constitutioncenter.org/the-constitution/articles/article-i/clauses/753

[4]. “From Bust to Boom: Chávez’s Economic Legacy,” openDemocracy, https://www.opendemocracy.net/en/opensecurity/from-bust-to-boom-chavezs-economic-legacy/

[5]. Katie Angell and the Editors of Encyclopædia Britannica, “What Is Happening Between the United States and Venezuela?” Encyclopedia Britannica, January 15, 2026, https://www.britannica.com/topic/What-Is-Happening-Between-the-United-States-and-Venezuela

[6]. Simeon Tegel, “10 Outrageous Quotes from Venezuela’s Nicolas Maduro,” The World from PRX, July 30, 2016, https://theworld.org/stories/2016/07/30/10-outrageous-quotes-venezuela-s-nicolas-maduro.

[7]. Javier Corrales and Dorothy Kronick, “How Maduro Stole Venezuela’s Vote,” Journal of Democracy 36, no. 1 (January 2025): 36–49, https://doi.org/10.1353/jod.2025.a947882.

[8]. NBC News, “Venezuela Rejects UN Report Detailing Rights Abuses, Torture Allegations,” https://www.nbcnews.com/news/latino/venezuela-rejects-un-report-detailing-rights-abuses-torture-allegation-rcna49479

[9]. ABC News, “Maduro Accuses US Government of Fabricating Crisis to Start War,” https://abcnews.com/International/maduro-accuses-us-government-fabricating-crisis-start-war/story?id=61215212

[10]. WJHG, “Local Venezuelans Express Relief, Joy After Nicolás Maduro’s Capture,” January 6, 2026, https://www.wjhg.com/2026/01/06/local-venezuelans-express-relief-joy-after-nicolas-maduros-capture/

[11]. Brennan Center for Justice, “No Legal Basis for Invading Venezuela,” https://www.brennancenter.org/our-work/analysis-opinion/no-legal-basis-invading-venezuela

[12]. U.S. Constitution, art. 1, sec. 8.

[13]. Foreign Policy, “Venezuela: Maduro Capture and Trump Strikes,” January 3, 2026, https://foreignpolicy.com/2026/01/03/venezuela-maduro-capture-trump-strikes/

​​[14]. Rep. Alma S. Adams, “Rep. Adams on Trump Administration’s Unauthorized Military Action in Venezuela,” press release, January 3, 2026, Office of Congresswoman Alma S. Adams, https://adams.house.gov/media-center/press-releases/rep-adams-trump-administrations-unauthorized-military-action-venezuela

[15]. Rishi Iyengar and John Haltiwanger, “Trump: ‘We Are Going to Run’ Venezuela,” Foreign Policy, January 3, 2026, https://foreignpolicy.com/2026/01/03/venezuela-maduro-capture-trump-strikes/.

[16]. Jim Himes, “Himes Statement on Venezuela,” press release, January 3, 2026, https://himes.house.gov/2026/1/himes-statement-on-venezuela.

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