it is unconstitutional for a President to justify the declaration of war on the basis of the AUMF. Another reason to repeal the 2001 AUMF is because of the absence of a sunset clause. Hypothetically, the President can wage an endless war under the AUMF because no expiration date exists on its authority. This is problematic because Al-Qaeda is no longer a substantial threat, yet the authorization continues to allow administrations to broadly apply this authority to other terrorist groups.
The need for a sunset clause would “act as a forcing mechanism that guarantees continued congressional oversight and approval as the conflict evolves, providing a safeguard against perpetual armed conflict or executive branch overreach.” To give the president this immense, unchecked power, is a mistake and has the potential to undermine the U.S constitution and simultaneously portray the U.S. as a country that constantly wages war.
The 2001 AUMF assigns unchecked powers to the Executive branch under the declaration of war
It is fair to say that the the 2001 AUMF has given the Executive branch some of the strongest military powers in the history of the United States. This authorization has allowed “lethal force as a first resort, military tribunals, and detention without charge or trial.” …show more content…
But to this, one must look to the recent events regarding Representative Barbara Lee. Representative Lee a strong proponent of repealing the 2001 AUMF, put forth an amendment which resulted in the powerful House Appropriations Committee voting to require Congress to debate and approve U.S. military action in Iraq, Syria, Afghanistan and other far-flung countries.” While this was only a first step, the significance of this action should give encouragement to the idea that Congress can work through gridlock concerning issues of National
The need for a sunset clause would “act as a forcing mechanism that guarantees continued congressional oversight and approval as the conflict evolves, providing a safeguard against perpetual armed conflict or executive branch overreach.” To give the president this immense, unchecked power, is a mistake and has the potential to undermine the U.S constitution and simultaneously portray the U.S. as a country that constantly wages war.
The 2001 AUMF assigns unchecked powers to the Executive branch under the declaration of war
It is fair to say that the the 2001 AUMF has given the Executive branch some of the strongest military powers in the history of the United States. This authorization has allowed “lethal force as a first resort, military tribunals, and detention without charge or trial.” …show more content…
But to this, one must look to the recent events regarding Representative Barbara Lee. Representative Lee a strong proponent of repealing the 2001 AUMF, put forth an amendment which resulted in the powerful House Appropriations Committee voting to require Congress to debate and approve U.S. military action in Iraq, Syria, Afghanistan and other far-flung countries.” While this was only a first step, the significance of this action should give encouragement to the idea that Congress can work through gridlock concerning issues of National