Friday, May 18, 2007

WHAT THE AUMF REALLY SAID

Authorization for Use of Military Force Against Iraq Resolution of 2002 (Enrolled as Agreed to or Passed by Both House and Senate)
--H.J.Res.114--

One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
Joint Resolution
To authorize the use of United States Armed Forces against Iraq.

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) AUTHORIZATION- The President is authorized to use the
Armed Forces of the United States as he determines to be necessary and
appropriate in order to--(1) defend the national security of the United
States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.

(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of representatives and the President pro tempore of the Senate his determination that--

(1) reliance by the United States on further diplomatic or other Peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and

(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.

(c) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.

1 comment:

The Proud Primate said...

I would like to discuss the question of whether anyone ever demanded proof of fulfilment of the section, "presidential determination". The inspectors were not kicked out by Saddam, but by Shock & Awe.