Authorization for the use of Military Force Against Iraq 2002 (aka the IWR)

SOS

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Sun Feb-17-08 04:24 PM
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Authorization for the use of Military Force Against Iraq 2002 (aka the IWR)

Edited on Sun Feb-17-08 04:38 PM by SOS

Over the past five and a half years there has been much discussion about the Authorization for the Use of Military Force Against Iraq.
Yet rarely is the actual law is posted or analysed. Below is the text of the AuMF, along with some commentary. The goal is to show that Robert Byrd was absolutely correct when he called this bill a �blank check�. There were no conditions. No calls for weapons inspectors, no demands on Bush whatsoever. It was indeed a blank check which authorized George W. Bush 100% sole determination to use military force in Iraq. There are no requirements, no strings attached and no binding demands for any further attempts at peaceful resolution. All amendments to attach conditions were defeated.

�Authorization for the Use of Military Force Against Iraq 2002�

SEC. 1. SHORT TITLE.
This joint resolution may be cited as the "Authorization for the Use of Military Force Against Iraq".

SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS
The Congress of the United States supports the efforts by the President to--
(a) strictly enforce through the United Nations Security Council all relevant Security Council resolutions applicable to Iraq and encourages him in those efforts; and
(b) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions.

There are no conditions presented in Section 2. None. Congress only �support(ed) the efforts� of Bush to realize sections (a) and (b). What exactly were those �efforts�? The efforts did not exist. Section 2 is empty, meaningless rhetoric crafted by the White House lawyers to create the appearance of conditions. When read carefully it is clear that there were absolutely no conditions. No mention of a last resort, weapons inspectors or any legally binding demand. There were no conditions!

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) AUTHORIZATION. The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to

(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council Resolutions regarding Iraq.

As �HE DETERMINES� to be necessary. Very simple. Very clear. Bush is given 100% sole authority to use military force as he (and he alone) determines. 3 (a) 1 and 2 are also empty phrases, since the determination rested only with Bush. Was his �determination� a surprise to anyone?

(b) PRESIDENTIAL DETERMINATION.
In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon there after as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate HIS DETERMINATION that
(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq, and
(2) acting pursuant to this resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations or persons who planned, authorized, committed or aided the terrorists attacks that occurred on September 11, 2001.

Bush determined that peaceful means would not achieve 3 (b) 1 and 2. Surprise! The only thing required of Bush is that he inform Congress of his attack on Iraq 48 hours before the beginning of the invasion. Bush complied. He cut and pasted 3 (b) 1 & 2 and delivered his negative determination to Congress exactly 48 hours before bombing. Bush complied with the letter of the law. In 3 (b) 2 we see that �necessary actions� against other terrorist nations are also authorized.

(c) 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 supersedes any requirement of the War Powers Resolution.

SEC. 4. REPORTS TO CONGRESS
(a) The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 2 and the status of planning for efforts that are expected to be required after such actions are completed, including those actions described in section 7 of Public Law 105-338 (the Iraq Liberation Act of 1998).
(b) To the extent that the submission of any report described in subsection (a) coincides with the submission of any other report on matters relevant to this joint resolution otherwise required to be submitted to Congress pursuant to the reporting requirements of Public Law 93-148 (the War Powers Resolution), all such reports may be submitted as a single consolidated report to the Congress.
(c) To the extent that the information required by section 3 of Public Law 102-1 is included in the report required by this section, such report shall be considered as meeting the requirements of section 3 of Public Law 102-1.

The AuMF is a joint resolution, thus allowing the circumvention of the 90 day limit set by the WPA. Section 5 (b) of the WPA puts a time limit of no longer than 90 days for the use of United States Armed Forces in a foreign nation without a declaration of war or a joint resolution (AuMF is a joint resolution) of Congress otherwise authorizing the use of force. The joint resolution covers Bush again.
Bush�s never-seen progress reports every 60 days must make for some interesting reading!
Hopefully this has been helpful and will dispell some of the spin surrounding this law.