AUMF
The Congress Shall Have Power...
To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.
— U.S. Constitution, Article I, Section 8, Clauses 14-15 —
The 2002 Authorization for Use of Military Force (AUMF) should be repealed and the 2001 AUMF should be repealed and replaced. (Note: The House of Representatives voted to repeal the 2002 AUMF on June 17, 2021. The Senate has not yet taken up the measure.)
We must protect civilian control of the military by properly restoring congressional war powers. This is critical not only to protect our rule of law, but also to ensure that the United States has solid national security objectives and a smart, thoughtful foreign policy strategy.
Most importantly, our troops must be certain that the dangerous missions we ask them to engage in are fully warranted and vetted.
Today, we continue to allow our leaders to use a two-decades old congressional authorization — the longest-running authorization for the use of military force in United States history — to justify military actions that clearly fall outside the parameters of the mandate. This violates the U.S. Constitution and deprives Americans the opportunity to demand vigorous debate and appropriate oversight.
Unlike the 2001 AUMF, which failed to include geographic limits or appropriate reporting requirements (and by which, through its ambiguity, allows the executive branch to feel it has way too much power), the new authorization should balance strict oversight with rapid response and operational flexibility.
The new AUMF should include key provisions that address specific targets, specific geographic areas, the role of U.S. special forces, detailed reporting requirements, and an end date for continuing, modifying or repealing it (i.e. a sunset provision).
Additionally, it should be crystal clear that any military action against a sovereign nation requires separate congressional approval unless the United States is under imminent attack.
1787's Promise to You:
1787 will never violate the U.S. Constitution by going around Congress with regard to military action. We believe it is Congress' role to call forth the Militia and we will always respect the separation of powers that are so imperative to the survival of our democracy.
For almost two decades, Congress has avoided tough votes on military action. This irresponsible inaction has essentially given the U.S. president unlimited power to unilaterally make military decisions.
In 2001, Congress passed the Authorization of Use of Military Force (AUMF). The 2001 AUMF is ambiguous in what it does not address, but in other ways it is very specific: “The President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” (read the entire document here)
We now know that those “nations, organizations, or persons” were, very specifically, al-Qaeda and the Taliban regime in Afghanistan.
In October 2002, Congress passed a second AUMF which gave the U.S. president the authority to: “Use the Armed Forces of the United States as he determines to be necessary and appropriate in order to (1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq).” (read the entire document here). This authorization very specifically refers to Iraq.