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Saturday, May 14, 2016

Why, and How, Congress Should Enact an AUMF

Why, and How, Congress Should Enact an AUMF

by Paul R. Pillar
The request by a U.S. Army captain to a federal court for a declaratory judgment about his constitutional duties regarding going to war is the latest reminder of the unsatisfactory situation in which the United States is engaged in military operations in multiple overseas locales without any authorization other than a couple of outdated and obsolete Congressional resolutions whose relevance is questionable at best. Of the many ways in which the U.S. Congress has fallen down on the job, this is one of the more important ones. There are several reasons that Congress should take up without further delay the question of an authorization for the use of military force (AUMF). Getting out of the legal netherworld in which current U.S. military operations exist is one of those reasons.

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