A Senate war powers resolution blocking future military activities in Venezuela without congressional approval failed by a vote of 51–49 Thursday evening.

Senators Rand Paul (R-KY) and Lisa Murkowski (R-AL) joined Democrats in voting for the resolution, which was introduced by Senator Tim Kaine (D-VA).

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Sen. Lindsey Graham (R-SC) said the resolution would be unconstitutional because it “takes away the ability to decide military matters [from the president] and it resides with us.”

While the White House has reportedly briefed lawmakers that it does not currently have the legal justification for land strikes within Venezuela, it has defended its strikes against alleged drug smuggling boats in the Caribbean by arguing that the campaign does not rise to the level of “hostilities,” the word used in the War Powers Act of 1973.

The White House had previously told Congress that it had “determined” that the U.S. was in an “armed conflict” with the criminal organizations allegedly operating the boats.