A measure sponsored by Sen. Timothy M. Kaine (D-Va.) would repeal the 2002 Iraq authorization and approve action against the Islamic State for one year only, with limitations on ground troops and on applicability to any other so-called “associated forces.”
“Ultimately, this is about a precedent for the future,” Kaine said in a speech Tuesday at the Center for American Progress. “If Congress allows this president to begin this campaign against ISIL . . . we will have created a horrible precedent that future presidents will no doubt use.”
In the House, a bill introduced by Rep. Adam B. Schiff (D-Calif.) would repeal the Iraq AUMF. It would pass a new authorization narrowly allowing action against the Islamic State in Iraq and Syria and sunset that measure, along with the 2001 authorization, after 18 months." Washpost
What the president and his friends, people like TOLFSC, McCain, Peter King and the like, are asserting is that the constitutional right and power of the Congress to declare the country to be at war is a nullity and void of meaning. They assert this to be true because the president is also commander in chief of the armed forces and they believe he can order the armed forces to do whatever he pleases.
It was understood by the framers of the constitution that the the commander in chief power did not extend to taking the country to war without the consent of Congress. In his Federalist Papers writing on the subject (#25 et al) Hamilton writes at some length to justify the existence of a standing army and navy. It is clear from his thinking that those forces that might be maintained would be for the purpose of frontier defense and protection of maritime commerce in time of peace and that the assent of Congress would be needed for wartime expansion of those forces and mobilization of the state militia. What is claimed now is an unlimited power for the president to make war as he wishes.
At the same time there is interest in writing a new AUMF while letting the old ones lapse. The text of a new AUMF should be looked at very carefully. There are many parochial agendas in Washington. Not the least of these is the CIA desire to regain its lost powers through control of the DNI office and the "kneecapping" of defense intelligence. Those goals could be served in a new AUMF. pl