The United States has been figuring how to respond to ISIS since it took over large sections of Iraq and Syria last year. The U.S. has been waging an air war, but the legal justification has been sketchy at best.
The Obama administration has been relying on the 2001 Authorization for the Use of Military Force that was passed after 9/11. However, that AUMF was designed for al-Qaeda.
One Minnesota Congressman wants to authorize war against ISIS. Rep. Tom Emmer (R-Minnesota) has filed a Declaration of War against ISIS.
The Minneapolis Star Tribune reports:
Emmer said politicians are “stuck” on the authorization of military force.
Since 1955, authorization for military force has been used seven times — including right after 9/11, according to the Congressional Research Service. There is a current White House-backed resolution to extend the previous military force authorization in 2002, against Al-Qaida, to ISIL, but it hasn’t gone anywhere yet.
A declaration of war is more rare and triggers some new power for the president, including the ability to tweak agricultural exports and impose unilateral trade sanctions. Because the Islamic State is not an actual state but a terrorism organization spread across several countries, it is not clear those statutory authorities would be relevant or useful.
Emmer is not the first member of Congress to suggest declaring war on ISIS. Senator Rand Paul has been pushing for a declaration of war against ISIS since last year.
Paul’s bill never got a vote. Emmer’s bill so far has not attracted a co-sponsor in the House. Congress has so far largely refused to take up an authorization of military force for many reasons. Democrats don’t want to commit ground troops while some Republicans are worried that it limits the power of military commanders.
AAN Staff
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