More than 20 years after Congress passed the authorization for the use of force in Iraq (AUMF), the Senate voted to repeal the measure that authorized the Iraq War. By a vote of 66-30, Congress repealed both the initial 1991 AUMF and the 2002 authorization which “allowed the president to use military force ‘as he determines to be necessary and appropriate.’”
But neither AUMF currently affects the authority that American forces are operating under overseas. That authority comes from a 2001 AUMF that created the justification for the war in Afghanistan and the war on terrorism. That post-9/11 AUMF is still being used to justify military action in places like Somalia, Yemen, and Syria, where Iran and ISIS are still attacking Americans.
The 2001 AUMF was remarkably broad and gave nearly unrestricted power to the president to make war.
Even by AUMF standards, it was remarkably open-ended: Any president, while in office, could deploy the military anywhere and against anyone based upon his own determination of culpability in the 9/11 attacks. He could further do whatever he deemed necessary to prevent future attacks, regardless of any potential constraining factors.
In contrast to the 1991 and 2002 authorizations, the 2001 AUMF has been cited repeatedly in the last two decades to authorize conflicts in at least 19 countries, even though it was nominally intended to apply to Al Qaeda and the Taliban. If Congress is serious about reining in the president’s war powers, it should repeal this AUMF too.
But some Republicans are urging caution in repealing the 2001 AUMF. Senate Minority Leader Mitch McConnell said in a statement, “our terrorist enemies aren’t sunsetting their war against us.”
“While the Senate’s been engaged in this abstract, theoretical debate about rolling back American power, Iran has continued its deadly attacks on us. Just last week a suspected Iranian attack killed one American and wounded six more in Syria. Some in America may think our war against terrorism is sunsetting, but clearly the terrorists do not agree.
“After a small initial response from the Biden Administration, Iran launched yet more attacks over the weekend, aimed at killing even more Americans. Our President’s response to this escalation seems to have been to pull his punches and let Tehran have the last word.
“These threats are not just a regional matter. An Administration that cannot even deter Iran from openly attacking U.S. servicemembers is not going to be able to deter the People’s Republic of China.
The 2001 AUMF is broad enough to authorize military action against Iran as a sponsor of terrorism, so even though military action against Tehran isn’t imminent, there is nothing to prevent the president from going to war with Iran if circumstances warrant it.
Going to war without specific congressional authorization makes many Americans uncomfortable. In fact, it’s hard to think of any circumstance where Congress shouldn’t be asked for authorization for the U.S. to engage in military conflict.
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