Opinion: A dangerous leftover from the Iraq war remains
We’re rapidly approaching a significant moment in American history: the 20th anniversary of the United States’ invasion of Iraq.
From our vantage point today, that war can feel like a relic of the past. It’s been two decades since thousands of Texan troops and thousands more from around the country were deployed to Iraq, and nearly 12 years since the United States’ military ended its official involvement there.
But a legislative remnant of this war is still with us, and has the potential to pose major problems in the future: the 2002 Authorization for Use of Military Force Against Iraq (2002 Iraq AUMF). And Texas’s lawmakers have a unique role to play in finally getting it repealed.
Congress first passed the 2002 Iraq AUMF to authorize war against Saddam Hussein’s regime, permitting the president to use armed forces as “necessary and appropriate” to “defend U.S. national security against the continuing threat posed by Iraq.” A main impetus was the allegation that Iraq possessed weapons of mass destruction—a claim that was shown to be false.
The Iraq war was declared over in 2011, and Congress should have repealed the 2002 Iraq AUMF shortly after as an act of legislative hygiene. But they did not, and since then both President Obama and President Trump have leaned on the outdated legislation to carry out acts of war that Congress did not authorize.
President Obama cited the 2002 Iraq AUMF as an “alternative statutory basis” for the campaign against ISIS in Iraq. The Trump administration adopted the same position in 2018. In 2020, however, the Trump administration expanded its interpretation of the authorization to disastrous lengths, claiming that the 2002 AUMF gave it the authority to assassinate Iranian general Qassem Soleimani and nine others.
This act nearly plunged the United States into yet another endless war—and nothing is preventing a similar incident from happening in the future if Congress allows this authorization to remain on the books.
That’s where my representative in Congress, Rep. Michael McCaul, comes in. As chairman of the House Foreign Affairs Committee, McCaul has an outsize influence in Congress when it comes to foreign policy decisions. He can use that power for good by advancing legislation recently introduced in both chambers of Congress to repeal the 2002 Iraq AUMF.
The bill, led by Texas’ own Rep. Chip Roy and California’s Rep. Barbara Lee, mirrors legislation from the last session of Congress that passed the House by a vote of 268-161. Despite the change in power in the House, the new bill has retained bipartisan support, as has its counterpart in the Senate—and for good reason.
As outlined in Article I of the Constitution, Congress has final say over matters of war. By allowing the 2002 Iraq AUMF to remain on the books, lawmakers have essentially abdicated that constitutional responsibility. What’s more, repeal of the AUMF would not impact any existing operations, which should allay the concerns of any lawmakers worried about the United States’ ability to protect itself.
Repeal of the 2002 Iraq AUMF would also prove what many Americans no longer believe: That members of Congress can still work across the aisle in these polarized times to bolster our democracy and defend the Constitution.
I appeal to you, Rep. McCaul: Bring this bill up for a vote in the House Foreign Affairs Committee, and pave the way for a full vote on the House floor. In doing so, you can reassert Congress’ constitutional responsibility, show that bipartisan agreement is still possible, and take a key step towards reining in America’s endless wars.
I urge my fellow Texans to echo this call. Twenty years after the war in Iraq began, it’s time for our elected lawmakers to do what’s best for our country and repeal the outdated 2002 Iraq AUMF.
Hardt lives in Brenham, and is a founding member of the Houston Peace and Justice Center. She has lobbied Congress on legislation related to congressional war powers.
This article originally appeared on Austin American-Statesman: Opinion: A dangerous leftover from the Iraq war remains
