During consideration of the National Defense Authorization Act (H.R. 2810), Senator Rand Paul (R-Ky.) offered an amendment to repeal, six months after the bill’s enactment, the 2001 Authorization for the Use of Military Force (AUMF). Enacted in the wake of 9/11, the AUMF authorized the president to use military force against the terrorists involved, including those who aided and harbored them, and was used as the legal authority for U.S. military entry into Afghanistan. Paul’s amendment would also have ended, six months after the bill’s enactment, the 2002 AUMF for the invasion of Iraq to disarm Saddam Hussein of his reputed weapons of mass destruction.
The Senate agreed to a motion to table (kill) Paul’s amendment on September 13, 2017 by a vote of 61 to 36 (Roll Call 195). We have assigned pluses to the nays because the 2001 AUMF in particular has been used by presidents ever since as a blank check not only for continued U.S. military intervention in Afghanistan, but for new military interventions elsewhere, including Libya, Syria, and Yemen — despite the fact that constitutionally authorized power to declare war belongs to Congress, not the president. “This is your constitutional role,” Paul said on the Senate floor prior to the vote on his amendment. “Let’s let these [AUMFs] expire, and over the next six months, let’s debate whether we should be at war and where.”
