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Ten years after the 2001 Authorization for Use of Military Force : current status of legal authorities, detention, and prosecution in the War on Terror : Committee on Armed Services, House of Representatives, One Hundred Twelfth Congress, first session, hearing held July 26, 2011.
Ten years after the 2001 Authorization for Use of Military Force: current status of legal authorities, detention, and prosecution in the War on Terror: Committee on Armed Services, House of Representatives, One Hundred Twelfth Congress, first session, hearing held July 26, 2011.
Three days after September 11, 2001, Congress passed an unprecedented authorization of the use of military force (AUMF 2001) that remains in force today. As the theatre of operation against terrorism changes, the applicability and legality of the AUMF 2001 is under increasing scrutiny - giving way to academic discussion over its current status.
"Under the U.S. Constitution, one of Congress' core responsibilities is "To declare War ... raise and support Armies ... provide and maintain a Navy ... [and] make Rules for the Government and Regulation of the land and naval Forces." In practice, Congress has exercised this constitutional responsibility to authorize military operations through a legislative vehicle known as the Authorization for Use of Military Force (AUMF). Since authorizing the use of military force against the perpetrators of the 9/11 attacks, Congress has refrained from creating any new authorization for use of force. While the 2001 AUMF remains in place, as the terrorist fight has evolved some in Congress have been seriously thinking about a new AUMF. Despite numerous bipartisan AUMF proposals over the past several years, Congress has been unable to make any substantial progress on the issue for a variety of reasons. Given the blood and treasure at risk in U.S. military operations around the world, it is important to examine the specific reasons why Congress has not answered repeated calls for change with respect to the AUMF. In doing so, one will gain a better understanding as to why the U.S. continues to operate under legislative guidance drafted nearly two decades ago"--from abstract.