The
Authorization for Use of Military Force Against
Terrorists ( ), one of two resolutions commonly known as
"AUMF" (the other being "
Authorization
for Use of Military Force Against Iraq Resolution of 2002"),
was a
joint resolution passed by
the
United States Congress on
September 18,
2001,
authorizing the use of
United
States Armed Forces against those responsible for the
attacks on September 11, 2001.
The authorization granted the
President the authority to
use all "necessary and appropriate force" against those whom he
determined "planned, authorized, committed or aided" the September
11th attacks, or who harbored said persons or groups. The AUMF was
signed by President
George W.
Bush on September 18, 2001.
The AUMF was unsuccessfully cited by the
George W. Bush administration in
Hamdan v. Rumsfeld, in which the U.S.
Supreme Court ruled that the administration's military commissions at
Guantanamo
Bay
were not competent
tribunals as constituted and thus illegal.
The AUMF has also been cited by the administration as authority for
engaging in
electronic
surveillance in some cases without obtaining a warrant of the
special Court as required by the
Foreign Intelligence
Surveillance Act (FISA) of 1978.
Text of the AUMF
Introduction
Begun and held at the City of Washington on Wednesday, the
third day of January, two thousand and one,
Joint Resolution
To authorize the use of United a States Armed Forces against
those responsible for the recent attacks launched against the
United States.
- Whereas, on September 11, 2001, acts of treacherous
violence were committed against the United States and its citizens;
and
- Whereas, such acts render it both necessary and appropriate
that the United States exercise its rights to self-defense and to
protect United States citizens both at home and abroad;
and
- Whereas, in light of the threat to the national security
and foreign policy of the United States posed by these grave acts
of violence; and
- Whereas, such acts continue to pose an unusual and
extraordinary threat to the national security and foreign policy of
the United States; and
- Whereas, the President has authority under the Constitution
to take action to deter and prevent acts of international terrorism
against the United States: Now, therefore, be it
- Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1 - Short Title
This joint resolution may be cited as the 'Authorization for
Use of Military Force'.
Section 2 - Authorization For Use of United States Armed
Forces
(a) IN GENERAL- That the President is authorized to use all
necessary and appropriate force against those nations,
organizations, or persons he determines planned, authorized,
committed, or aided the terrorist attacks
that occurred on September 11, 2001, or harbored such organizations
or persons, in order to prevent any future acts of international
terrorism against the United States by such nations, organizations
or persons.
(b) 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 supercedes (sic) any requirement of the War Powers
Resolution.
Speaker of
the House of Representatives.
Vice President
of the United States and President of the
Senate.
Congressional votes
On September 14, 2001 bill
House Joint Resolution 64 passed in the House. The
totals in the House of Representatives were: 420 Ayes, 1 Nay and 10
Not Voting (the Nay was
Barbara Lee -
D-CA).
On September 14, 2001
Senate Joint Resolution 23 passed in the Senate
by roll call vote. The totals in the Senate were: 98 Ayes, 0 Nays,
2 Present/Not Voting (Senators
Larry
Craig - R and
Jesse Helms -
R).
AUMF as partial justification for Guantanamo military
commissions
In Hamdan v. Rumsfeld, the majority of the Supreme Court rejected
the argument that the AUMF overrode Article 15 of the
Uniform Code of Military
Justice, writing that there was nothing "even hinting" that
this was Congress' intent.
AUMF as partial justification for National Security Agency's
eavesdropping program
The AUMF
was also the basis of one of the principal arguments advanced by
the Department of Justice
in the NSA warrantless
surveillance controversy, namely that the AUMF implicitly
overrode the Foreign Intelligence Surveillance Act.
See also
- War Powers Clause, United
States Constitution Art. 1, Sect. 8, Clause 11, which vests in the
Congress the exclusive power to declare war.
References
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