Analyzing Previously Undisclosed Use of Force Reports: Challenges of Congressional Oversight of the War on Terror
As the House of Representatives prepares to embark on renewed efforts to repeal and replace outdated war authorizations, it will need to grapple with a fundamental question: who decides against whom the country goes to war. The Constitution’s Declare War Clause entrusts this power to the legislature, but for the two-decade long U.S. war on terror, that authority has been effectively delegated to the president through the 2001 Authorization for Use of Military Force (2001 AUMF). Proponents for broad delegation of this war power to the executive branch might argue that the president needs flexible authority to respond to unpredictable and emergent terrorist threats.… Seguir leyendo »