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David S Jonas and Erielle Davidson: War Powers Resolution should be repealed

As President Biden faces the challenges posed by China, Iran, North Korea and Russia, it is worth examining the “war powers” wielded by the executive pursuant to both Article II and related legislation and whether the current limitations on the executive make us genuinely safer. They do not. Under Article II of the Constitution, the president is identified as “Commander in Chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.” This clause has remained perpetually at odds with Congress’ Article I power to “declare war” and with legislation known as the War Powers Resolution.

David S Jones and Erielle Davidson: War Powers Resolution should be repealed

David S Jones and Erielle Davidson: War Powers Resolution should be repealed
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Congress and the president need a new war powers partnership

© Getty Images, Greg Nash The congressional frustration over the post 9/11 authorization for use of military force (AUMF) boiled over on a bipartisan basis after a late February attack on an Iranian militia base in Syria by the Biden administration. This week, the House Foreign Affairs Committee voted to repeal the 2002 authorization.  The difference this time is that the president acknowledged the need to work with Congress to replace the AUMF and refresh the presidential authority to use force. Most on the Hill acknowledge that the authorization was designed to counter Al Qaeda and its later terrorist iterations, threats that have been largely contained. Presidents have long since expanded that authority to use force even in countries where Al Qaeda wasn’t present and where no use of force had been authorized. 

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