Senate Committee Debates New War Authorization

The Senate Foreign Relations Committee held a hearing Wednesday to debate a new authorization for the use of military force (AUMF) against Al Qaeda, ISIS, and the Taliban that would repeal the 2001 and 2002 AUMFs that have been used as the legal justification for the War on Terror.

Introduced by Senators Bob Corker (R-TN) and Tim Kaine (D-VA) ― the chair and ranking member, respectively, of the committee ― the Authorization for Use of Military Force of 2018 would:

• Authorize the use of military force against Al Qaeda, the Taliban, and ISIS and associated groups.
• Repeal the 2001 and 2002 AUMFs.
• Establish a process for presidential submission of newly associated groups that gives Congress a chance to fast-track legislation removing the authority to use force against a group.
• Require the president to submit a proposal to repeal, modify, or leave in place the AUMF every four years. For 60 days after its submission, bills to repeal or modify the AUMF would get expedited consideration in Congress.

While this AUMF has support from Corker, Kaine, and four other bipartisan cosponsors, there has been resistance to a new AUMF from both sides of the aisle in recent years.

Both the Obama and Trump administrations held that the 2001 and 2002 AUMFs provided legal justification for ongoing counterterrorism operations around the world. For their part, Republican leadership in Congress is reluctant to expend valuable floor time on a new AUMF that could face a presidential veto.

Senator Jeff Merkley (D-OR) released a statement in opposition to the Corker-Kaine AUMF and outlined the principles of what he believes a new AUMF should look like:

“First, this new AUMF has no sunset clause — meaning it can be used indefinitely by President Trump and his successors to continue expanding the scope and geography of U.S. military action around the world… Further, and even more concerning, this legislation allows the President to unilaterally expand the scope of the authorization, both in the specific groups being targeted and in the countries in which the United State takes military action… The Senate should indeed debate a new AUMF, but it must be one that has built-in timelines, mandates congressional approval, and limits the scope of the conflict.”

It’s unclear when the Senate Foreign Relations Committee or the Senate as whole may take votes on the bill.

Hit Take Action to tell your reps what you think of the Corker-Kaine AUMF and share your thoughts below!

— Eric Revell

RELATED READING

• S.J.Res. 59: Authorization for Use of Military Force of 2018
• New Bipartisan War Authorization Limits Power But Offers No End Date
• On This Date: Congress Checked the President’s Power to Send Troops to War

(Photo Credit: U.S. Army - 2LT Brandon Cox / Public Domain)