H R 4909 - Use of Military Force

Presidents have been able to claim broad authority to go to war whenever or wherever they choose under the AUMF, despite the fact that the Founding Fathers never intended for one man to make this decision, and under the Constitution only Congress may “declare war.”

Constitutional Vote: Yes

Vote Date: May 18, 2016

During consideration of the National Defense Authorization Act (H.R. 4909), Representative Barbara Lee (D-Calif.) introduced an amendment to repeal the Authorization for Use of Military Force (AUMF) that was enacted in 2001 for the purpose of authorizing U.S. military intervention in Afghanistan in the wake of the 9/11 terror attacks. Since then, however, the AUMF has been invoked numerous times by the executive branch for U.S. military intervention not only in Afghanistan but elsewhere.

The House rejected Lee’s amendment on May 18, 2016 by a vote of 138 to 285 (Roll Call 210). We have assigned pluses to the yeas because presidents have been able to claim broad authority to go to war whenever or wherever they choose under the AUMF, despite the fact that the Founding Fathers never intended for one man to make this decision, and under the Constitution only Congress may “declare war.”