Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out
Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

Authorization_for_Use_of_Military_Force_Against_Terrorists

VIEWS: 4 PAGES: 3

									From Wikipedia, the free encyclopedia

Authorization for Use of Military Force Against Terrorists

Authorization for Use of Military Force Against Terrorists
The Authorization for Use of Military Force Against Terrorists (Pub.L. 107-40, 115 Stat. 224, enacted September 18, 2001), one of two resolutions commonly known as "AUMF" (the other being "Authorization for Use of Military Force Against Iraq Resolution of 2002"), 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. 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 selfdefense 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’.

Text of the AUMF
Introduction
Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and one, Joint Resolution To authorize the use of United 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

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

From Wikipedia, the free encyclopedia

Authorization for Use of Military Force Against Terrorists

(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.

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.[2]
[3]

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).

See also
• War Powers Clause, United States Constitution Art. 1, Sect. 8, Clause 11, which vests in the Congress the exclusive power to declare war. • The USA PATRIOT Act (2001) and Title II of the Patriot Act, entitled, Enhanced Surveillance Procedures. • The Authorization for Use of Military Force Against Iraq Resolution of 2002. • Operation Enduring Freedom

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).

References

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]

[1] Stohr, Greg (2006-06-29). "U.S. Supreme Court Bars Bush’s Military Tribunals". http://www.bloomberg.com/apps/ news?pid=20601103&sid=aMGQ4fP81moQ&refer=u Retrieved on 2008-10-19. [2] Supreme Court’s Ruling in Hamdan Means Warrantless Eavesdropping is Clearly Illegal, Glenn Greenwald, July 9, 2006 [3] Hamdan and the NSA Domestic Surveillance Program: What Next?, Marty Lederman, July 7, 2006

External links
• S.J. Res. 23 • Full text of the law (FindLaw) • White House - President Signs Authorization for Use of Military Force bill

Retrieved from tion_for_Use_of_Military_Force_Against_Terrorists"

"http://en.wikipedia.org/wiki/Authoriza-

2

From Wikipedia, the free encyclopedia

Authorization for Use of Military Force Against Terrorists

Categories: 2001 in law, Causes and prelude of the 2003 Iraq conflict, United States foreign relations legislation, Telecommunications law This page was last modified on 8 April 2009, at 06:23 (UTC). All text is available under the terms of the GNU Free Documentation License. (See Copyrights for details.) Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a U.S. registered 501(c)(3) taxdeductible nonprofit charity. Privacy policy About Wikipedia Disclaimers

3


								
To top