Tonight, Longwood University will host the first and only debate between Vice Presidential candidates Tim Kaine and Mike Pence. One issue they should be asked about is whether they think Congress should authorize the war against ISIS, and, if so, what the parameters of that authority should be.
Latest in AUMF: Legislative Reaffirmation
Senate Majority Leader Mitch McConnell, along with four other Republican co-sponsors, introduced a broad Authorization for the Use of Military Force against the Islamic State of Iraq and Syria.
The funding to continue the war against ISIL is an authorization of force against ISIL, albeit a quiet one, designed not to attract attention.
Congress has many options, but I still doubt it will choose one.
Rep. Schiff's draft AUMF would preserve the President's substantive authorities to use force against al Qaeda, the Taliban, and ISIL, but imposes procedural requirements to force more congressional involvement.
By voting on a single sentence, Congress can give the President the symbolic support he wants in the fight against ISIL, affirm the President’s current authorities against al Qaeda, the Taliban, and ISIL (but no more), and wipe away the old AUMFs.
Top Pentagon officials make clear that a new AUMF for ISIL would be symbolic only -- which is why Congress won't enact it.
The Hill is reporting this morning that Republican congressional leaders have declared the President's AUMF proposal dead:
President Obama’s proposal for the use of military force against the Islamic State in Iraq and Syria (ISIS) is dead in the House, Majority Leader Kevin McCarthy declared on Monday.
Yesterday, I wrote about the consequences of congressional inaction over the next two months with respect to Section 215 of the Patriot Act. Today, I want to focus on another area where Congress is poised to do nothing: authorizing force against the Islamic State.
Intelligence Squared US Debate: "The President Has Exceeded His Constitutional Authority By Waging War Without Congressional Authorization"
This evening, at 6:45 pm, Intelligence Squared US is holding a debate on the resolution: "The president has exceeded his constitutional authority by waging war without congressional authorization." Arguing for the motion will be Gene Healy of the Cato Institute and Deborah Pearlstein of Cardozo Law. Arguing against it will be Philip Bobbitt of Columbia Law School and Akhil Reed Amar of Yale Law School.