On the day of a Senate Foreign Relations Committee hearing examining a proposal to substitute one new congressional authorization to use military force for two existing AUMFs, Democratic Sen. Jeff Merkley of Oregon will announce that he plans to introduce legislation of his own as a substitute for the substitute.
The two AUMFs—one passed in 2001 for dealing with al-Qaeda just three days after the 9/11 attacks, and one passed 13 months later, which the Bush administration used as a green-light to invade Iraq—remain on the books after more than a decade and a half, providing the legal substructure for endless war.
The replacement proposal Merkley isn’t happy with was introduced in April by Republican Sens. Bob Corker, Jeff Flake, and Todd Young, and Democrats Tim Kaine and Chris Coons. It has caught a good deal of flak since it was made public a month ago. In a statement of principles released this morning, Merkley said:
“… I applaud the leadership of the Chair, Senator Kaine, and others who have pushed to renew this critical debate. The 2001 AUMF has been stretched beyond recognition by three consecutive administrations, and it is time for Congress to reassert its constitutional role in declaring war.
“However, I have fundamental concerns with the approach laid out in the AUMF the committee will be considering.
“The framers of our Constitution did not intend for the president to have unchecked powers to wage war. They gave the power to declare war to Congress, because Congress most directly represents the American families who send their sons and daughters into harm’s way when our nation makes the solemn decision to go to war. We need to restore the vision of the Constitution and make sure that Congress, not the President, has the ultimate say in the decision to send our troops into harm’s way.