[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Page S8202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4656. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 4133 submitted by Mr. Kaine and intended to be proposed to
the amendment SA 3867 proposed by Mr. Reed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
On page 2, between lines 12 and 13, insert the following:
(3) Article II of the United States Constitution empowers
the President, as Commander-in-Chief, to direct the use of
military force to protect the Nation from an attack or threat
of imminent attack and to protect important national
interests, and the recent presidential administration held
that Article II authorizes ``the President to use force
against forces of Iran, a state responsible for conducting
and directing attacks against United States forces in the
[Middle East] region'' and for actions the purpose of which
are ``to end Iran's strategic escalation of attacks on, and
threats to United States interests,'' so the 2002 AUMF is not
independently required to authorize any such activities.
______