In the chaotic aftermath of the deadliest terrorist incident on record, Congress passed a series of laws reorganizing and empowering U.S. intelligence agencies and the military to combat the threat from terrorism. It is not surprising that the U.S. government enacted these changes in the wake of the attacks. What is striking, however, is how many of those measures have served as the foundation of U.S. foreign and domestic policy for over twenty years.
In particular, the 2001 Authorization for Use of Military Force (AUMF) has been interpreted, many experts say, far beyond its original scope. It served as the justification for counterterrorism policies for almost two decades.
What is an AUMF?
The president is commander-in-chief of the armed forces. However, the White House needs Congress’s permission to use military force abroad for any operation lasting longer than sixty days. Lawmakers can declare war, giving the president broad powers, but that practice is effectively obsolete; Congress issued its last official declaration of war during World War II. Alternatively, Congress can pass a law authorizing a narrower scope of military operations. AUMF laws serve as that authorization, and they typically restrict military action to specific locations and, often, time frames. The 2001 AUMF, however, is so broad that it has been compared to declarations of war. In fact, some argue that this AUMF is even broader than a declaration of war, as the enemy is described, rather than named.
Its open-ended nature means that the 2001 law has been used to justify some of the most significant national security policies and military operations since 9/11.
How was the 2001 AUMF created?
The 2001 AUMF was drafted in the hours after the 9/11 attacks and passed three days later. The sixty-word resolution authorized the president to take action against those responsible for the attacks on September 11:
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.
The 2001 AUMF was passed in the midst of a national emergency, and it clearly outlined a military response against those responsible for the attacks. What has become a subject of great debate, however, is how it was used to authorize the actions of subsequent presidential administrations.