In the near future, Congress will debate a new Authorization for Use of Military Force (AUMF). I use the word “debate” lightly. So far, no hearings have been scheduled, and no testimony is likely to be heard unless something changes. That’s a shame, because this is a serious matter, and this is a deeply flawed AUMF.
For some time now, Congress has abdicated its responsibility to declare war. The status quo is that we are at war anywhere and anytime the president says so.
So Congress—in a very Congress way of doing things—has a “solution.” Instead of reclaiming its constitutional authority, it instead intends to codify the unacceptable, unconstitutional status quo.
It is clear upon reading the AUMF, put forward by Senators Tim Kaine and Bob Corker, that it gives nearly unlimited power to this or any other president to be at war whenever he or she wants, with minimal justification and no prior specific authority.
That isn’t an AUMF. That isn’t Congress reclaiming its constitutional duties. That’s a complete rewriting of the role of the executive and of the constitutional separation of powers.
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