Representative Adam Schiff has revived his effort to get Congress to replace the 2001 and 2002 AUMFs with a new “Consolidated AUMF” that would explicitly name the Islamic State. What follows below is a section-by-section analysis of H.J. Res. 100, intended to highlight the key moving parts while also flagging a few issues that deserve further attention should the bill move forward.
Latest in AUMF
A transcript of President Obama's final planned national security address.
A detailed summary of the White House report on the legal and policy frameworks guiding the use of military force and related nation security operations.
The White House Releases a "Report on the Legal and Policy Frameworks" on American Uses of Military Force
It just is not possible to read this document and not come away with a sense that the administration has endeavored to think through the range of issues it confronts in overseas terrorism operations in a systematic fashion and to make the framework it has developed as public as possible.
Why Congress should update the 15+ year-old AUMF.
In a post earlier today, I highlighted a variety of recent developments in which the Obama administration has adjusted constraints on using force under color of the AUMF, based in part
September 10 marks a significant milestone in the "Forever War."
Even though Republicans and Democrats have overwhelmingly labeled the Orlando mass-murder a terrorist attack, it’s unlikely that either side will introduce an AUMF. Both sides talk about Orlando in national security terms without being willing to step up to the constitutional plate.
These kinds of advocacy lawsuits against the President in the national security arena often have perverse effects on the resulting law. The intent is generally to force constraints onto the executive branch, but the further along this lawsuit gets, the greater the risk it will result in less, rather than more, accountability and constraint on the Executive’s power.