[Congressional Record Volume 162, Number 12 (Thursday, January 21, 2016)]
[Senate]
[Pages S153-S154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZATION FOR MILITARY FORCE
Mr. MURPHY. Madam President, today I have come to the floor to speak
very briefly about a resolution that the majority leader introduced, I
believe, yesterday. This is an authorization for military force that
apparently purports to give the President legal authority to conduct
military operations against ISIS. Before we break for the weekend, I
thought it was important to come to the floor to explain very briefly
to my colleagues what this resolution really is.
This resolution is a total rewrite of the war powers clause of the
U.S. Constitution. Let's be clear about that. It is essentially a
declaration of international martial law, a sweeping transfer of
military power to the President that will allow him or her to send U.S.
troops almost anywhere in the world for almost any reason with
absolutely no limitations.
Article I, section 8, clause 11 of the Constitution vests in Congress
the responsibility to declare war. Many of us on both sides of the
aisle have been arguing for over a year that the President--right now--
has exceeded his constitutional authority in continuing
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military operations against ISIS without specific authorization from
Congress. I have been amongst those who have been calling on this body
to debate authorization of military force. So in that sense I am
pleased the introduction of this resolution may allow us to have a
debate on the Senate floor about the right way to authorize war against
our sworn enemy, ISIS, a terrorist organization that deserves to be
degraded, defeated, and wiped off the map of this Earth.
While the ink is still wet on this resolution--so I will not endeavor
to go into any detailed analysis of it--it is safe to say that this
resolution is the wrong way to authorize war against ISIS. The language
of this resolution is dangerous and it is unprecedented.
The American people want Congress to authorize war against ISIS, but
they also want us to make sure we don't send hundreds of thousands of
U.S. soldiers back into the Middle East to fight a war that has to be
won first and foremost with regional partners, and they certainly don't
want Congress to hand over the power to the President to send our
troops into any country, anywhere in the world, for almost any reason.
That is what this resolution would do. It doesn't give the power to
the President to deploy U.S. troops in Iraq and Syria. It gives the
power to the President--without consulting Congress--to deploy U.S.
forces in any one of the 60-plus countries where ISIS has a single
sympathizer. Even worse, the language doesn't even require ISIS to be
present in a country for the President to invade. All that is necessary
for the President to be able to argue--with a straight face--is that
the threat of ISIS was present.
As we have seen in the United States, the threat of ISIS is present
in virtually every corner in the world. Thus, this resolution would
give the President total absolute carte blanche to send our young
soldiers to any corner of the world without consulting Congress.
Now, we wouldn't have to worry about a President abusing this
authority granted to him if an example of this abuse wasn't in our
immediate rearview mirror. This Congress gave President Bush sweeping
authority in two resolutions to fight terrorism in the wake of
September 11, and he manipulated and abused that authority to send
millions of American troops into Iraq to fight a war under concocted,
false pretenses. He got an open-ended authorization from Congress, and
he ran with it. Now, what did we get for this colossal
misrepresentation? Over 4,000 Americans dead, scores more than that
crippled, and a region in chaos, in large part because of our
disastrous invasion and occupation.
On the campaign trail today, several of the candidates for President
talked with such irresponsible bravado about throwing around America's
military might. The likely Republican nominee, as we sit here today,
shows a blissful ignorance about U.S. military law and basic foreign
policy that is truly frightening.
So given recent history and given the current rhetoric on the
Presidential campaign trail today, why would we give the President such
open-ended, sweeping authority ever again? And why would we even
contemplate a resolution like this one that makes the 9/11 and Iraq war
resolutions seem like exercises in thoughtful restraint? Why would we
make the mistake of the Iraq war resolution again, especially when
there is an alternative?
I know that we will likely have time to debate the question of how to
properly authorize war against ISIS later. But in December of 2014, the
Foreign Relations Committee did vote out an AUMF that gave the
President all the power he needed to fight ISIS, while making sure that
he had to come back to Congress if he wanted to dramatically expand the
current conflict to other countries or to put hundreds of thousands of
American troops into a new war in the Middle East. It is the only AUMF
that has received a favorable vote by the Senate, and it is a template
for how we can authorize a war that isn't totally and completely open-
ended.
Several have argued for us to take up a debate on the AUMF because we
believe that over the last 15 years, over the course of the War on
Terror, Congress has basically abdicated its responsibility to be the
voice of the people on the conduct of foreign policy. Many of us think
that a smart AUMF would get Congress back in the game when it comes to
our constitutional responsibility to decide when and where our brave
troops are sent into battle. But this resolution, as currently written,
would do exactly the opposite. It would permanently hand over war-
making power to the President, and Congress would never get it back. It
would allow this President and the next President to send our troops
almost anywhere in the world for virtually any justifiable reason, with
no ability for the people's branch of the Federal Government--this
Congress--to step in and to have our say.
I do look forward to this debate if it does come to the floor. I
think it is an immensely important debate. Frankly, I will be glad to
have it. The American public wants us to declare war on ISIS, but they
want us to do it in a way that doesn't repeat the deadly, costly
mistakes of the past.
I yield the floor.
The PRESIDING OFFICER (Mr. Portman). The majority whip.
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