Should the Authorization for Use of Military Force in Iraq Be Repealed?

UPDATED - 1/30/2020: The House adopted this amendment on a vote of 228-175 that was mostly along party-lines.

The House is expected to vote on this legislation, which was originally introduced as H.R. 2456, as an amendment to H.R. 550 later this week. If it is adopted, we'll transfer the summary to that bill page before the House votes on passage of the underlying bill.

Summary:

This bill would repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002, which has been used to authorize military force against the Iraqi regime led by Saddam Hussein, al Qaeda, ISIS, militias, and Iranian forces attacking U.S. personnel in Iraq. It wouldn’t replace the repealed AUMF, effectively prohibiting the U.S. military from carrying out any counterterrorism operations in Iraq.

Argument in Favor:

It is long past time for Congress to reclaim its constitutional war powers by repealing the 2002 Authorization for Use of Military Force in Iraq. Allowing the AUMF to remain in effect would be dangerous and irresponsible, as it allows U.S. military operations in the Middle East to continue indefinitely.

Argument Against:

Repealing the 2002 Authorization for Use of Military Force in Iraq without a replacement would be a grave mistake. Prohibiting the use of American military force in Iraq would give free rein to ISIS and Iran-backed proxies and create a vacuum that could destabilize Iraq & the broader Middle East.

Impact: The U.S. military; Iraq; and Congress.

Cost: A CBO cost estimate is unavailable.

In-Depth: Rep. Barbara Lee (D-CA) introduced this bill to repeal the 2002 law that authorized the use of military force in Iraq:

“For far too long, Congress has been missing in action on matters of war and peace. It is long overdue for Congress to reassert its Constitutional authority on the use of force. It is time to end giving blank checks to any President to wage endless wars. I’m pleased that House Leadership is bringing my bipartisan bill, H.R. 2456, to repeal the 2002 Iraq Authorization to Use Military Force (AUMF) for a vote. It is more urgent than ever for Congress to do its job and prevent the President from using military force without Congressional authorization. Leaving this outdated AUMF on the books, which has been used to justify the use of force throughout the world, is not only dangerous but irresponsible.”

The White House warned that this bill would be vetoed if it were to be passed by Congress and reached President Donald Trump’s desk because it would undermine national security:

“The 2002 AUMF has long been understood to authorize the use of force for, among other purposes, addressing threats emanating from Iraq, including threats such as ISIS — a group whose objectives have included establishing an Islamic state in Iraq and using that state to support terrorism against the United States — as well as threats by Iran. Through its Islamic Revolutionary Guard Corps-Qods Force, Iran conducts and directs the actions of several terrorist groups in Iraq, such as Kata’ib Hizballah. Iran and Iran-sponsored proxies continue to plan and execute attacks against United States forces in Iraq and terrorize religious minority groups and peaceful protestors throughout that country. With respect to Iran’s malign activities in Iraq, the 2002 AUMF provides critical authorities for the United States to defend itself and its partner forces as they carry out their missions against terrorist threats emanating from Iraq and in support of a stable, democratic Iraq. The arbitrary termination of the authorization would embolden our enemies with the recognizable goal of outlasting us. This bill is misguided, and its adoption by Congress would undermine the ability of the United States to protect American citizens whom Iran continues to seek to harm. It would make the world less safe, less secure, and less free.”

This legislation has the support of 121 cosponsors, including 119 Democrats, one Independent (Michigan Congressman Justin Amash), and one Republican (Kentucky Congressman Thomas Massie).

Media:

• Sponsoring Rep. Barbara Lee (D-CA) Press Release
• White House Statement of Administration Policy (Opposed)

Summary by Eric Revell

(Photo Credit: Petty Officer 1st Class Alan D. Monyelle - U.S. Navy via Wikimedia / Public Domain)