Article I, Section 8, Clause 11 of our Constitution states that only Congress has the power to declare war. However, our nation has been taken to war without the consent of Congress by presidents who claimed the Korean and Viet Nam Wars were “police actions” and not subject to Congressional approval. In an attempt to close this loophole, the War Powers Resolution was passed in 1973 to limit a president’s ability to wage large-scale, long-term war without the support of Congress and the public. This law allows the President to use military force in an emergency but requires him or her to notify Congress within 48 hours of committing armed forces to military action. Furthermore, the duration of such an action is limited to 60 days unless Congress consents to the use of military force or declares a state of war.

The 2001 Authorization for Use of Military Force (AUMF) is the law which authorized the use of military action against Iraq. This broad resolution, which signaled the beginning of our War on Terror, seems to have been interpreted by Presidents Bush and Obama as authorizing “any president at any time to do whatever they wanted to any terrorist group.” Years later, this 20-year-old AUMF resolution was used to authorize military actions, including airstrikes and the deployment of military personnel to the Middle East to fight ISIS. Many believe the resolution used to justify our invasion of Iraq should now be formally concluded, and that Congress should be required to pass a new AUMF each time it wants to send our military into harm’s way – and for these military actions to be concluded within a specific timeframe.

Pending Legislation: H.R.3370 - Reclamation of War Powers Act
Sponsor: Rep. James Himes (CT)
Status: Referred to 3 Committees for a period to be subsequently determined by the Speaker
House Minority Leader: Rep. Hakeem Jefferies (NY) (requesting Discharge Petition)