The US Senate voted on October 11, 2023, to repeal two long-standing authorizations for the use of military force (AUMFs) against Iraq, marking a significant step toward restoring Congressional authority in military decisions. The bipartisan amendment, sponsored by Senators Tim Kaine and Todd Young, was included in the National Defense Authorization Act (NDAA) and passed with a vote of 77 to 20.
This legislation revokes the 2002 AUMF, which allowed military action against Saddam Hussein’s regime, as well as the 1991 AUMF tied to the Gulf War. Previous attempts to repeal these authorizations occurred in June 2021 and March 2023; however, those efforts did not succeed in becoming law due to the timing of congressional sessions. The recent passage signals a strong desire among lawmakers to limit executive military action without Congressional oversight.
Critics have long argued that the existing AUMFs enable presidents to engage in military operations without proper Congressional consent, contrary to the provisions of the US Constitution. The Constitution grants Congress the exclusive power to declare war, yet successive administrations have used these authorizations as a legal basis for military interventions. For instance, the Obama administration cited the 2002 AUMF to justify its campaign against ISIS in Iraq and Syria, while the Trump administration invoked it partially for the drone strike that killed Iranian General Qassim Soleimani in 2020.
While the AUMF authorizing the broader war on terror will remain in effect, supporters of the repeal argue that eliminating the Iraq-specific authorizations is crucial to avoid potential misuse in the future. Senator Kaine emphasized the importance of Congressional oversight, stating, “Congress is responsible for both declaring wars and ending them because decisions as important as whether or not to send our troops into harm’s way warrant careful deliberation and consensus.” He further asserted that the 1991 and 2002 AUMFs are “no longer necessary” and risk being misused.
Representative Chip Roy echoed similar sentiments, urging that Congress must fulfill its constitutional duty regarding matters of war and peace. He stated, “Repealing the 1991 and 2002 AUMFs is necessary to ensure these decades-old and outdated authorities are not abused in the future.”
With both the House and Senate now including identical language to repeal the AUMFs in their versions of the NDAA, the legislation is expected to move to a conference committee for final adjustments. This alignment increases the likelihood that Congress will close the legal chapter on the Iraq War authorizations.
The future of the bill now hinges on whether President Joe Biden will sign it into law. Should he do so, it would represent a historic shift in the balance of military authority between the executive and legislative branches, potentially reshaping how the United States engages in military conflicts abroad.
