States, the President's AUMF
authority includes the authority to
We should amend the AUMF
to more precisely define which groups we can legally target.
Two Justices (Justices Souter and Ginsburg) held that the AUMF
did not comply with the NDA, three Justices signed opinions that did not comment (Justices Stevens, Scalia, and Thomas), and the plurality held that it complied (Chief Justice Rehnquist and Justices O'Connor, Kennedy, and Breyer), but also seemed to imply that even if it had not, the AUMF
was not governed by the NDA.
Over the ensuing 11 years, the AUMF
2001 carte blanche has served as the legal justification for a number of controversial military and government actions both abroad and at home, and by both President Bush and President Obama.
AND THE LAWS OF WAR POST-SEPTEMBER 11, 2001
I think that as a result of this trend, there is going to be a push for a new AUMF
in the next four years.
For an argument that the Obama Administration has conspicuously failed to reject the commander-in-chief rationale to justify detention of enemy combatants, see Jack Goldsmith, Detention, the AUMF
, and the Bush Administration--Correcting the Record, LAWFARE (Sept.
but disagreed with the plurality's reasoning concerning the AUMF
, which was written and passed within a span of nine days after
Senators from both parties who were alarmed at that prospect tried to remove the detention provisions, but the most they could achieve was an amendment saying the law does not "limit or expand" the president's powers under the AUMF
or "affect existing law or authorities" regarding detention of people "captured or arrested in the United States.
The President's authority to order targeted killings is clear under domestic law; it stems from the AUMF
80) As the following analysis demonstrates, this is a dubious assertion based on overbroad and inaccurate interpretations of the AUMF
and the President's constitutional war powers.