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Authorization for Use of Military Force

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See also: Authorization for Use of Military Force Against Iraq Resolution of 2002

The Authorization for Use of Military Force ("AUMF") (Public law 107-40) was a joint resolution passed by the United States Congress on September 18, 2001, authorizing the use of United States Armed Forces against those responsible for the attacks on September 11, 2001. The authorization granted the President the authority to use all "necessary and appropriate force" against those whom he determined "planned, authorized, committed or aided" the September 11th attacks, or who harbored said persons or groups. The AUMF was signed by President George W. Bush on September 18, 2001.

The AUMF was unsuccessfully cited by the George W. Bush administration in Hamdan v. Rumsfeld, in which the U.S. Supreme Court ruled that the administration's military commissions at Guantanamo Bay were not competent tribunals as constituted and thus illegal.

The AUMF has also been cited by the administration as authority for engaging in electronic surveillance in some cases without obtaining a warrant of the special Court as required by the Foreign Intelligence Surveillance Act (FISA) of 1978.

Text of the AUMF

Introduction

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and one, a States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and
Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and
Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and
Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and
Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1 - Short Title

This joint resolution may be cited as the 'Authorization for Use of Military Force'.

Section 2 - Authorization For Use of United States Armed Forces

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes (sic) any requirement of the War Powers Resolution.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

Congressional votes

House of Representatives

On September 14, 2001 bill House Joint Resolution 64 passed in the House. The totals in the House of Representatives were: 420 Ayes, 1 Nay and 10 Not Voting (the Nay was Barbara Lee - D-CA).

Senate

On September 14, 2001 Senate Joint Resolution 23 passed in the Senate by roll call vote. The totals in the Senate were: 98 Ayes, 0 Nays, 2 Present/Not Voting (Senators Larry Craig - R and Jesse Helms - R).

AUMF as partial justification for Guantanamo military commissions

In Hamdan v. Rumsfeld, the majority of the Supreme Court rejected the argument that the AUMF overrode Article 15 of the Uniform Code of Military Justice, writing that there was nothing "even hinting" that this was Congress' intent.[1]

AUMF as partial justification for National Security Agency's eavesdropping program

The AUMF was also the basis of one of the principal arguments advanced by the Department of Justice in the NSA warrantless surveillance controversy, namely that the AUMF implicitly overrode the Foreign Intelligence Surveillance Act. However, this argument is expected to fail on the same grounds as in Hamdan v. Rumsfeld, in that there is no evidence that Congress intended to override FISA; if anything the opposite is the case.[1] [2]

See also

Wikisource has original text related to this article:
  • War Powers Clause, United States Constitution Art. 1, Sect. 8, Clause 11, which vests in the Congress the exclusive power to declare war.

References

  1. ^ Supreme Court’s Ruling in Hamdan Means Warrantless Eavesdropping is Clearly Illegal, Glenn Greenwald, July 9, 2006
  2. ^ Hamdan and the NSA Domestic Surveillance Program: What Next?, Marty Lederman, July 7, 2006
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