Sen. Rand Paul helps return war powers to Congress, urges further legislative action
Christopher Tremoglie
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Sen. Rand Paul (R-KY) applauded the Senate’s efforts to pass legislation that ended the 1991 and 2002 Authorizations for Use of Military Force. It officially repeals the congressional authorizations for the 1991 Persian Gulf War and the 2003 Iraq War and is a step in restoring the authority of Article I Section 8 of the Constitution, which gives Congress the power to initiate military conflict. It passed with a vote of 66-30.
The bill was a bipartisan effort co-sponsored by Paul, Sens. Tim Kaine (D-VA), and Todd Young (R-IN). They were joined by Reps. Chip Roy (R-TX), Abigail Spanberger (D-VA), Tom Cole (R-OK), and Barbara Lee (D-CA). The bill now heads to the House, where it is expected to pass, the Washington Examiner’s Cami Mondeaux reported.
RAND PAUL STAFFER STABBED OVER THE WEEKEND
“The framers gave Congress the grave duty to deliberate the questions of war and peace, and we have ignored that job for much too long. This repeal will not harm essential operations in the Middle East, but it’s necessary to ensure these now-obsolete authorities are not abused in the future,” Rep. Chip Roy (R-TX) told the Washington Examiner. “The American people deserve a focused military with a clearly defined mission, and they deserve a legislative branch that actually does its job.”
FreedomWorks, a policy advocacy group, supported repealing the AUMFs, claiming that doing so was necessary to restore the system of checks and balances and effectively reinforce our country’s constitutional separation of powers.
“Congress cannot allow the executive branch to continue to use outdated laws to justify military action abroad,” FreedomWorks tweeted. “For too long Congress deferred to the executive branch on foreign policy. This bill shows that Congress is serious about using checks and balances.”
Paul additionally pushed to repeal the 2001 AUMF by introducing an amendment last week. That bill would have officially ended the congressional authorization of the Afghanistan war over two decades after the AUMF was first passed, a press release read. Additionally, it would “sunset the 2001 AUMF after six months,” allowing Congress to create new protocols on “how to authorize future force.” However, that failed to pass, with a vote of 9-86.
“The 2001 AUMF was passed days after the attacks of 9/11 to bring the terrorists responsible to justice. But presidential administrations of both parties have used the 9/11 AUMF to justify wars in over 20 countries, from Afghanistan to Libya, to Somalia, to Yemen. The 9/11 AUMF was never intended to authorize war, all the time, everywhere, forever,” Paul said in a release. “War is sometimes necessary, but going to war should not be the decision of one person. Ending congressional authorization for the Gulf War, Iraq War, and Afghanistan War returns the war power to the American people and their representatives.”
Paul’s request was far from unreasonable. AUMFs were a power that the executive branch usurped during the war on terror and, subsequently, never relinquished. Drastic times and emergencies call for extreme measures, and that is what 9/11 was, which is why Congress initially passed it. However, all AUMFs were supposed to be temporary.
“I offered the U.S. Senate a chance to repeal the 9/11 2001 Authorization for War to reclaim our constitutional power and send a message to the world that we are a nation of peace,” Paul said. “That when provoked to war, the gentle giant that is America will respond lawfully according to the Constitution, that when war is absolutely necessary, America will obey the Constitution, which requires us to debate and vote upon war and not hide beneath another generation’s deliberations.”
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While repealing the 1991 and 2002 AUMFs is a positive development, it is disappointing that repeal efforts for the 2001 AUMF were not. Revoking all war authorizations would have reinforced constitutional traditionalism, upheld the legislative branch’s Article I powers, and strengthened congressional authority in declaring and ending wars.
“We should have risen above symbolism and repealed the 9/11 authorization for war and shown our respect for the Constitution, our fealty to the rule of law, and our sincere desire that peace, not perpetual war, be our legacy,” Paul said.