President Obama asks Congress to approve war against ISIL
On Wednesday, the White House presented to Congress a new Authorization for the Use of Military Force against the Islamic State.
The new proposal says “the President is authorized … to use the Armed Forces of the United States as the President determines to be necessary and appropriate against ISIL or associated persons or forces.” By including “associated” groups, the President would have flexibility to fight future groups that take up the ISIL name and mandate.
It goes on to say “the authority granted … does not authorize the use of the United States Armed Forces in enduring offensive ground combat operations.” That clause still permits President Obama to deploy troops in more limited roles, such as advisers or special operations forces. The proposal also contains exemptions for troops currently deployed.
The new proposal also includes an expiration date—reauthorization will be required three years after enactment—and a repeal of the 2002 AUMF in Iraq, which has been the source of much controversy. However, the 2001 AUMF against terrorist groups remains in place.
The Obama administration has long been criticized for flouting the War Powers Act, which requires congressional approval of military action within 60 days of initiation. For more on the War Powers Act, read our briefing. Many legal experts have addressed this issue. And we remember the last time Congress actually used its power to declare war.
For a deeper dive on presidential war powers and the fight against ISIL, listen to our podcast with Ilya Somin of George Mason University and John Yoo of the University of California, Berkeley. Robert Turner of the University of Virginia explored the President’s options in a two-part series.
Other smart commentary comes from Lyle Denniston, the National Constitution Center’s adviser on constitutional literacy, who examined the war against ISIL in Syria. And Chris Edelson of American University made a forceful case for congressional engagement.
