Congressional Oversight: Examining The Authorization Of Wars In Afghanistan And Syria

The United States Constitution grants Congress the power to declare war. However, the last time Congress formally declared war was during World War II. Since then, Congress has approved resolutions authorising the use of military force, such as the Authorization for Use of Military Force (AUMF) in 2001, which allowed the president to use military force against those responsible for the 9/11 attacks. This has been used to justify military action in Afghanistan and Syria, among other countries. While Congress has the power to declare war, the president has significant influence in shaping US military policy and can take unilateral action without explicit congressional approval.

The US Constitution grants Congress the power to declare war

The framers of the Constitution intended to prevent the President from having too much influence and wanted to ensure that declarations of war were carefully debated in open forums among the public's representatives. They recognised that war should be difficult to enter into and expected congressional debate to restrain the war-making process. By vesting the power to declare war with Congress, the framers aimed to protect the nation from the oppressive use of war by a single individual, as had often been the case with European monarchs in the past.

While the President, as Commander-in-Chief of the armed forces, has the authority to direct the military and defend the country during emergencies, the power to initiate war rests solely with Congress. This division of powers requires cooperation between the President and Congress on military affairs, with Congress providing funding and declaring military operations, and the President executing those operations.

However, throughout history, there have been instances where Presidents have engaged in military operations without express Congressional consent. Some scholars argue that the President has independent authority to use military force in response to attacks on the United States or to defend US interests. This interpretation of the President's powers has led to debates and controversies over the appropriate balance of powers between the executive and legislative branches in matters of war and peace.

To reassert its constitutional authority, Congress has, at various times, sought to pass legislation that outlines the conditions under which the President can use military force. One such example is the War Powers Resolution of 1973, which requires the President to obtain Congressional approval for the use of military force within a specified timeframe. Despite these efforts, the question of the President's authority to use military force without a formal declaration of war from Congress remains a subject of ongoing debate and interpretation.

Congress has only formally declared war 11 times

The United States Constitution, ratified in 1788, grants Congress the sole power to declare war. However, Congress has only formally declared war 11 times in US history, with the last declaration being made during World War II against Bulgaria, Hungary, and Romania in 1942.

The first formal declaration of war was against Great Britain in 1812, known as the "second war of independence." This was followed by declarations of war in the Mexican-American War in 1846, the Spanish-American War in 1898, World War I against Germany and Austria-Hungary, and World War II against Japan, Germany, Italy, Bulgaria, Hungary, and Romania.

Since World War II, the United States has not formally declared war, instead relying on "authorizations for the use of military force" or joint congressional resolutions. The Korean War, the Vietnam War, and the wars in Afghanistan and Iraq were not declared wars by Congress. The War Powers Resolution, passed in 1973, outlines the president's power to wage war without a formal declaration, but it has been largely interpreted loosely by presidents to justify military actions.

The Authorization for Use of Military Force (AUMF) passed by Congress in 2001 after the September 11 attacks has been used to justify military deployments and operations worldwide, including in Afghanistan, the Philippines, Georgia, Yemen, and Somalia. The broad interpretation of the AUMF has led to criticism and attempts to repeal it, highlighting the ongoing debate over the balance of powers between Congress and the president when it comes to declaring war.

The last time Congress declared war was during World War II

The United States Constitution grants Congress the sole power to declare war. Congress has declared war on 11 occasions, with its first declaration of war with Great Britain in 1812. Congress approved its last formal declaration of war during World War II, after the Japanese attack on Pearl Harbor. Since World War II, Congress has not formally declared war, instead agreeing to resolutions authorising the use of military force and continuing to shape US military policy through appropriations and oversight.

The US has only issued five other war declarations, all during World War II: against Germany and Italy on December 11, 1941, and against Bulgaria, Hungary and Romania on June 4, 1942. These were the last war declarations ever passed by the US Congress. All ensuing wars—the Korean War, the Vietnam War, the wars in Afghanistan and Iraq—were either initiated by a congressional "authorisation of use of military force" (AUMF), or in the case of Korea, not authorised by Congress at all.

The US Constitution states that "Congress shall have power to ... declare War." However, this passage does not specify the format that legislation must take to be considered a "declaration of war". In the courts, it has been argued that an "authorization" of war suffices and that a formal congressional "Declaration of War" is not required by the Constitution.

Since World War II, every American president has used military force without a declaration of war. The War Powers Resolution, passed in 1973, outlines the only power the president has to wage war that is recognised by Congress.

The Authorization for Use of Military Force (AUMF) is a joint resolution of Congress which became law on September 18, 2001, authorising the use of military force against those responsible for the September 11 attacks. The AUMF has been used to justify military deployment in Afghanistan, the Philippines, Georgia, Yemen, Djibouti, Kenya, Ethiopia, Eritrea, Iraq, and Somalia. Since its passage, US presidents have interpreted their authority under the AUMF to extend beyond al-Qaeda and the Taliban in Afghanistan to apply to numerous other groups and geographic locales.

The US's longest war, against the Taliban in Afghanistan, began in 2001 and ended with the withdrawal of American troops on August 31, 2021. The US-led intervention in the Syrian civil war, initiated in 2014, is also legally based on the AUMF.

Congress approved the use of military force in Afghanistan in 2001

On September 18, 2001, Congress approved the Authorization for Use of Military Force (AUMF) as a response to the September 11 attacks. The AUMF authorized the President to use all "necessary and appropriate force" against those whom he determined planned, authorized, committed or aided the September 11 attacks, or who harbored said persons or groups. The AUMF was passed by the 107th Congress on September 18, 2001, and signed into law by President George W. Bush on the same day.

The AUMF was intended to constitute specific statutory authorization within the meaning of the War Powers Resolution. It was also intended to prevent any future acts of international terrorism against the United States by such nations, organizations, or persons.

The AUMF has been used to justify military deployment and counter-terror activities in multiple countries, including Afghanistan, the Philippines, Georgia, Yemen, Djibouti, Kenya, Ethiopia, Eritrea, Iraq, and Somalia. It has also been used as a justification for continuing US military actions and the invasion of Afghanistan.

The AUMF has been widely perceived as a bill that grants the President powers to unilaterally wage perpetual "worldwide wars". There have been calls from both Republican and Democratic senators to repeal the AUMF, expressing concerns about the lack of congressional oversight and transparency. Despite these concerns, the AUMF remains in effect and continues to shape US military policy.

The 2001 Authorization for Use of Military Force (AUMF) has been used to justify military action in Syria

The 2001 AUMF was passed in the wake of the September 11 attacks, and it authorized the president 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."

The 2001 AUMF has been used to justify military action in Syria, as part of the fight against ISIS. ISIS is considered an "associated force" of al-Qaeda and the Taliban, and therefore covered by the 2001 AUMF.

The 2001 AUMF has been used to justify military action in several countries, including Afghanistan, Iraq, Libya, Somalia, and Yemen.

The 2001 AUMF has been criticized for giving the president a "blank check" to wage war without congressional oversight. There have been several attempts to repeal the 2001 AUMF, but it remains in effect.

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