In the aftermath of the September 11th attacks, Congress voted to authorize military force against against those who had “planned, authorized, committed, or aided the terrorist attacks” or who "harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States. . . ." More than a decade later, the United States continues to conduct military operations against Al Qaeda and affiliated groups—including, somewhat surprisingly, against the Islamic State—pursuant to this 2001 authorization. In the spring of 2015, despite claiming that a new AUMF for airstrikes and limited operations in Syria and Iraq was not legally required, the Obama Administration presented draft language to Congress for a new AUMF. Riven by disagreements over details, Congress has thus far refused to support the President’s proposal.
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A federal judge says courts should review the U.S. government’s decision-making process when it decides to target a U.S. citizen as part of the armed conflict authorized by the 2001 Authorization for Use of Military Force.
A new authorization for use of military force against terrorists is constitutionally desirable. But Congress has even more powerful tools to shape the trajectory of this fight for the better.
A new bill would give Congress a more central role in shaping the scope of U.S. counterterrorism operations.
Last Wednesday, the Senate Foreign Relations Committee heard testimony about the Corker-Kaine AUMF proposal, S.J. Res. 59, from former State Department legal adviser John B. Bellinger and Georgetown law professor Rita M. Siemion. Sen.
Here are three reasons why.
The Corker-Kaine AUMF would prevent the president from designating a nation as an “associated force” under the bill, regardless of whether it is a state sponsor of terrorism. But it doesn’t take much imagination to see how that prohibition could be evaded in practice.
The New York Times editorial board thinks so.
The new draft AUMF promotes greater transparency and congressional involvement in deciding on the scope of U.S. counterterrorism operations, but it primarily serves to give Congress political leverage. As a legal matter, it leaves the president firmly in control.
A quick take on what to make of the new draft authorization for use of military force.
Sens. Bob Corker, Tim Kaine, Jeff Flake, Chris Coons, Todd Young, and Bill Nelson introduced the following draft authorization for use of military force against designated terrorist groups on Monday:
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