Authorization for Use of Military Force of 2001 - Unconstitutional?

[runamuck]

Read the text of the Authorization for Use of Military Force act of 2001. This is the law that supposedly authorizes Obama's authority to target anyone who was deemed as supporting the terrorists acts of 9/11.

However, couldn't this law itself be deemed unconstitutional?

Authorization for Use of Military Force
September 18, 2001
Public Law 107-40 [S. J. RES. 23]
107th CONGRESS


JOINT RESOLUTION
To authorize the use of United 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'.
SEC. 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 any requirement of the War Powers Resolution.

Approved September 18, 2001.

[TonySutton]

Thread title is misleading. It was 2001 not 2011.

[runamuck]

Thread title is misleading. It was 2001 not 2011.

Ugh, I'm sorry. Meant 2001

[klamath]

Reinforcing once again why we should have a declaration of war instead of authorization of force. They want to call it a war so they can run it like a war but they don't want to have a declared war so it falls under the rules of war such as the Geneva convention.

[runamuck]

Mods - can you please update thread-title to be "2001" instead of "2011"

[runamuck]

Anyone? This is the act they're saying justifies the legality of the Al Alwaki assassination. Couldn't the act itself be unconstitutional?

[chudrockz]

Of course it's unconstitutional. Congress, and ONLY Congress, has the power to declare war.

That would be like Congress passing a law saying "We know that the Fourth Amendment guarantees Americans to be protected against unreasonable searches and seizures, however the President may, in times of national emergency, suspend this amendment and search anyone whenever s/he damn well pleases" etc. etc.

[runamuck]

If you think that act is unconstitutional, read this horse sh!t h ttp://www.justice.gov/olc/warpowers925.htm

[runamuck]

I'm glad Hamilton lost that duel.. He deserved it for the ammo he gave today's "interepretation" of executive authority.

[69360]

It's likely unconstitutional. Lots of laws are. Congress passed it almost unanimously. I think there was one no vote and it wasn't Ron Paul. Did anyone in the post 9/11 times expect it to be used against US citizens. Probably not. Does it authorize military force against citizens? As it's worded it didn't exclude it. Should we look to change it? Yeah I think it's time to. Should we impeach Obama for using the powers congress gave the president. I don't think we should, if you go down that road you could have impeached most modern presidents. I also don't think it's wise to complain too loudly about something you voted for. I think we should look to fix the root cause of the problem. We have terrorist attacks because of failed foreign policy. We aren't wanted in the middle east, it's time to bring all the troops home now. Only one candidate will do that. It's one of the biggest reasons I support Ron Paul. I believe in his foreign policy.