POLICY_ Dem rep insists AUMF needed for ISIS fight

THE HILL

Dem rep insists AUMF needed for ISIS fight

By Kristina Wong - 11/18/14 12:46 PM EST

Rep. Adam Schiff (D-Calif.) is urging congressional leadership to schedule a vote on an authorization of military force (AUMF) against the Islamic State in Iraq and Syria (ISIS) before leaving for the holidays.

"It's a constitutional imperative," he wrote in an op-ed Tuesday in the Los Angeles Times. "Congress should meet its obligations under Article 1, Section 8 of the Constitution by deciding whether to grant the president the power to conduct this new war."

Congress has about 10 working days in Washington to hammer out and vote on an AUMF. It is uncertain whether this will happen, with lawmakers' attention focused on immigration, the Keystone XL oil pipeline and a spending bill.

"This is not a decision that can or should wait until 2015; this action was begun during the 113th Congress and it is well within our ability to authorize it properly before adjourning for the year," wrote Schiff, a senior member of the House Intelligence Committee.

"I believe that Congress — both Democrats and Republicans — would support a narrowly tailored authorization that gives the president the authority he needs here," he said.

However, Democrats and Republicans disagree on what an AUMF would look like. Democrats want to restrict the use of ground troops, while Republicans say they don’t want to tie the hands of military commanders. GOP officials also note that they are waiting for the White House to draft an AUMF.

Schiff has drafted his own AUMF measure, which would restrict airstrikes and limit special operations to 18 months’ duration, after which the president would have to seek approval again.

"Congress' failure to act now would set a dangerous precedent — that Congress' power to declare war is a meaningless anachronism that can be ignored by the White House," he said.

Schiff said the current justification the president is using for the war against ISIS, a 2001 AUMF, is problematic since ISIS is not affiliated with al Qaeda, against whom that measure was originally targeted.

Also, he said, it would be an expansion of an authorization that's already been stretched beyond its original purpose.

Lastly, the president is acting outside his constitutional authority, Schiff argued. According to the War Powers Resolution, the president can only deploy troops into hostilities for 90 days, but troops have been deployed longer than 90 days without congressional authority.

"As we prepare to close the book on what is regarded as the most unproductive Congress in the history of unproductive Congresses, the House and Senate can take an important step in demonstrating not only a capacity to act, but also a commitment to our constitutional duty," he said.

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