Authorization for Use of Military Force Against Terrorists
The Authorization for Use of Military Force (AUMF), George W. Bush on September 18, 2001.
Text of the AUMF
House of Representatives
On September 14, 2001 the House passed House Joint Resolution 64. The totals in the House of Representatives were: 420 Ayes, 1 Nay and 10 Not Voting. The Nay was Barbara Lee, D-CA.  Lee is notable as the only member of either house of Congress to vote against this bill.
On September 14, 2001 Senate Joint Resolution 23 passed in the Senate by roll call vote. The totals in the Senate were: 98 Ayes, 0 Nays, 2 Present/Not Voting (Senators Larry Craig - R and Jesse Helms - R).
Citations in Law
- The AUMF was unsuccessfully cited by the Hamdan v. Rumsfeld, in which the U.S. Supreme Court ruled that the administration's military commissions at Guantanamo Bay were not competent tribunals as constituted and thus illegal.
- The AUMF has also been cited by the Department of Justice as authority for engaging in electronic surveillance in ACLU v. NSA without obtaining a warrant of the special Court as required by the constitution.
Use by the DOD
The AUMF has also been cited by a wide variety of US officials as justification for continuing US military actions all over the world. Often the phrases "Al-Qaeda and associated forces" or "affiliated forces" have been used by these officials. However, that phrase does not appear in the AUMF.
- War Powers Clause, United States Constitution Art. 1, Sect. 8, Clause 11, which vests in the Congress the exclusive power to declare war.
- The USA PATRIOT Act (2001) and Title II of the Patriot Act, entitled, Enhanced Surveillance Procedures.
- Operation Enduring Freedom
- Targeted killing
- The Authorization for Use of Military Force Against Iraq Resolution of 2002.
- National Defense Authorization Act for Fiscal Year 2012
- Hedges v. Obama, a lawsuit brought by journalists and activists against the National Defense Authorization Act for Fiscal Year 2012 in which Congress "affirms" presidential authority for indefinite detention under the AUMF and makes specific provisions as to the exercise of that authority.
- S.J. Res. 23
- Full text of the law (FindLaw)
- White House - President Signs Authorization for Use of Military Force bill