The Constitution Demands That Congress Repeal the AUMF That Spawned the Forever Wars

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April 3, 2020

The Constitution Demands That Congress Repeal the AUMF That Spawned the Forever Wars

It is the legal and right thing to do.
by Connor Lambert
 

Since the Constitution clearly stipulates that declarations of war fall under the purview of Congress, the president should have virtually no ability to unilaterally initiate military operations abroad. Consequently, Congress should repeal the 2001 Authorization for Use of Military Force (AUMF) as it contradicts the Framers’ intent in Federalist Paper 69, subverts the separation of powers framework, and invites the unchecked impulses of a growing imperial presidency.
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In designing a constitutional structure that leaves the president with less unilateral power than a monarch, Alexander Hamilton asserted that the president “[has] a right to command the military” while a monarch “possesses that

of DECLARING war, and of RAISING and REGULATING fleets and armies by his own authority.” Such separation sought to limit executive power by balancing it with intentionally-designed Congressional inefficiency. Hamilton emphasized this point, saying that a monarch “can perform alone what the [president] can do only with the concurrence of a branch of the legislature.” 

https://nationalinterest.org/blog/skeptics/constitution-demands-congress-repeal-aumf-spawned-forever-wars-140937