One congressional war authorization shouldn’t last for decades
‘Between multiple hurricanes, a surprise debt deal, impending tax reform, and end-of-the-year legislative deadlines, you’d be forgiven for not noticing that the Senate kicked off consideration of the National Defense Authorization Act (NDAA) this week.
Another thing you might have overlooked? The United States is still at war.
That’s the point Sen. Rand Paul (R-Ky.) tried to raise last week with an amendment to the NDAA. By engaging in military conflicts in no fewer than seven countries around the world, America remains at war, and without the authorization of Congress.
Following 9/11, President Bush requested and Congress passed an authorization for the use of military force (AUMF), which provided legal authority for the president to use force against groups and countries that supported those terrorist attacks. The following year, Congress passed the 2002 AUMF to authorize military action in Iraq. Both AUMFs have been misconstrued as blanket authority for presidents to take military action wherever and whenever they deemed necessary — without the consent of Congress. This problem is exacerbated by the fact that both AUMFs are outdated and insufficient to authorize action against most threats the U.S. faces today.’
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