Senators propose new war powers resolution

Senators propose new war powers resolution

"For as long as I have helped lead the Senate Foreign Relations Committee, beginning as ranking member in 2013, we have been engaged in a discussion over the 2001 AUMF, which provides the legal authority necessary to fight terror overseas", said Senator Corker, chairman of the Senate Foreign Relations Committee.

Today, most U.S. military activity falls under a broad congressional Authorization of Military Force that passed in 2001 after the 9/11 terrorist attacks that allows the USA to "to use all necessary and appropriate force against those nations, organisations, or persons he determines planned, authorised, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organisations or persons".

All that sounds nice in theory, but the Congress - with its sky high approval rating of 15% - is not keen on actually reining in the president's use of military force.

Sen. Bob Menendez, D-N.J., the top Democrat on the Senate Foreign Relations Committee, had not yet seen the final bill text but said he was concerned that, based on what he knew about the bill, it might remove too much authority from Congress on the front end when it comes to military action.

Still, the vast majority of lawmakers HuffPost talked to had no issue with the president striking Syria without a new AUMF. President Obama in 2013 asked Congress for action against the Syrian regime for using chemical weapons - but lawmakers did not bring the issue to a vote.

Massie said Congress "could do a lot" to check the president's power.

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"Well, I would support them, in all likelihood, if the president would come to Congress for permission. Our proposal finally repeals those authorizations and makes Congress do its job by weighing in on where, when, and with who we are at war", said Senator Kaine, a member of the Senate Foreign Relations and Armed Services Committees.

US presidents are required by law to notify Congress of military action and must secure authorization to commit troops beyond 60 days.

I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148). By opening an internal United States argument over whether the strike was legal or not, Garamendi says Trump has committed a "very serious error", and "opened a diplomatic attack that could easily have been avoided". While the US has routinely used that measure to justify actions against Islamic State fighters in Syria, these strikes were aimed at sending a message to Assad, who has no apparent connection to 9/11 and whose forces also have been fighting ISIS inside Syria. The legislation does not provide authority for military action against any nation state.

Mattis has often said he would welcome a debate over a new authorization but that the military and the president already have the authority to act.

The president has to inform Congress of actions, Congress then includes a 60-day window to try to eradicate the presidentrsquo;s power of military power.

At Harvard's Lawfare blog, law professors Jack Goldsmith and Oona A. Hathaway both summed up all of the Trump administration's possible arguments for the legality of the Syria strikes in an article named "Bad Legal Arguments for the Syria Airstrikes".

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