Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Why this could, and should, be the year to recalibrate shared war making authority

Opinion

Rep. Tom Cole and Rep. Jim McGovern

Republican Tom Cole (left) and Democrat Jim McGovern have a shared interest in congressional war powers.

Chip Somodevilla/Getty Image

Marcum is a fellow at the R Street Institute, a center-right think tank. Deaton is on the communications staff of Protect Democracy, a nonprofit working "to prevent our democracy from declining into a more authoritarian form of government."


Thirteen months ago, we cheerfully reported on a little-covered House Rules Committee hearing that examined ways Congress could "reassert national security authorities it has long lost or delegated to the executive branch." We documented the "bipartisan goodwill" in the room and the seeming "genuine energy for reform."

Despite these good feelings, though, we warned that past optimism has too often been followed by inaction, and so it was up to Congress "to continue this important discussion."

The good news: A year later, we're still optimistic — in fact, even more so than before — thanks to two House committees and a growing bipartisan band of lawmakers interested in restoring Congress' institutional powers.

One day last month, both the Rules Committee and the Foreign Affairs Committee held hearings reexamining Congress' war powers and the broad authorizations to use military power given to previous presidents but still in effect — in one case, almost two decades after being granted.

Before the Rules hearing, Democratic Chairman Jim McGovern of Massachusetts and ranking Republican Tom Cole of Oklahoma released a joint statement explaining why the issue enjoys bipartisan interest. Their committee also highlighted the growing bipartisan consensus that the legislative branch needs to apply greater scrutiny on the executive branch's growing powers and lack of consultation with Congress on its numerous uses of military force.

During the Foreign Affairs hearing, ranking Republican Michael McCaul of Texas, for instance, explained that "wars should not be on autopilot" and "Congress owes our troops a clear commitment to the missions we are asking them to undertake." Democratic Chairman Gregory Meeks of New York similarly observed that an outdated congressional authorization for force "opens the door for future presidents to use force without working through Congress."

After both hearings, the chairmen released a joint statement summarizing the growing consensus that "executive authority on matters of war and peace has gone unchecked for many years" and declaring that Congress has a joint responsibility "when we send our uniformed men and women into harm's way." The chairmen concluded that these hearings would guide Congress' next steps to make "reform a reality."

One immediate reform is to repeal outdated and unnecessary authorizations for the use of military force. The most criticized is the 2002 measure, written to allow President George W. Bush to topple Saddam Hussein's regime, authorizing the president to "defend the national security of the United States against the continuing threat posed by Iraq."

But much has changed in the subsequent 19 years, of course. To begin, the United States is no longer at war with Iraq. Indeed, in the view of the State Department, Iraq is now "a key partner" in the Middle East. Nevertheless, the broad language has been stretched by subsequent presidents of both parties, Democrat Barack Obama and Republican Donald Trump, to support military actions unrelated to ending Saddam Hussein's rule. And finally, as Jack Goldsmith, a high-ranking George W. Bush administration official, explained last month, the law is now "unnecessary" because "every use of force in which the 2002 AUMF was invoked could have been justified independently" — either by the 2001 authorization of force enacted after the Sept. 11 attacks or by the president's commander-in-chief constitutional powers.

Two days after the hearing, Foreign Affairs approved legislation to repeal the 2002 war authorization written by Democrat Barbara Lee of California, who cast the singular "no" vote in Congress against the 2001 use-of-force measure. The legislation enjoys seven Republican cosponsors along with its 105 Democratic backers.

Lee's legislation isn't the only bipartisan bill on this topic moving through Congress. A measure recently introduced by Democrats Abigail Spanberger of Virginia and Jared Golden of Maine, along with Republicans Mike Gallagher of Wisconsin and Peter Meijer of Michigan, would repeal not only the 2002 law but also antiquated authorizations from 1991 (which precipitated the Persian Gulf War) and 1957 (to repel communism in the Middle East). There's also a Senate measure by Democrat Tim Kaine of Virginia and Republican Todd Young of Indiana to repeal both the 2002 and 1991 authorizations.

However, it is important that the effort not stop there. "Congress must do more than withdraw old permission slips and reduce America's heavy military presence abroad," Goldsmith wrote in a New York Times op-ed last month. "It should end its long acquiescence in presidential arrogation of war power by affirmatively prohibiting unilateral uses of force except in tightly defined circumstances of actual self-defense."

In other words, AUMF reform must be partnered with fundamental war powers reform to be effective.

In 2019, a coalition of good government groups articulated key principles for additional reform.

These include the reauthorization or sunset of all AUMFs after two years, a limitation on their scope, strengthened reporting requirements, tightened definitions of relevant terms such as "hostilities" and the cut-off of funds for any violations.

During a long Senate career that included almost four years as Foreign Relations Committee chairman, President Biden was a champion of stronger war powers for the legislative branch and weaker ones for the executive. But, historically, Congress hasn't been willing to take up this cause, while presidents of all ideologies have fought to protect their own expanding power.

Between the recent and widespread action in Congress and Biden's record as a senator, there finally may be the sort of cooperative spirit in Washington necessary to make war powers reform reality. As McGovern told his House Rules hearing, sometimes it is possible to catch "lightning in a bottle" — times such as this one.


Read More

Court’s Slaughter Decision Hands Presidents Sweeping New Authority

U.S. President Donald Trump in the Oval Office at the White House on July 24, 2026 in Washington, DC.

Photo by Eric Lee/Getty Images)

Court’s Slaughter Decision Hands Presidents Sweeping New Authority

This series from Lawyers Defending American Democracy connects the words of the Declaration of Independence and the Constitution to current events that threaten democracy and the justice system. Each piece highlights the unique responsibility lawyers carry—through their oath, professional obligations, and roles in their communities—to help the public understand what’s at risk and to speak out when democratic principles are under threat. LDAD’s call to action is straightforward: as the Founders once did, we must recognize threats to constitutional values, demand accountability, and act to defend them.

In its recent decision in Trump v. Slaughter, a divided Supreme Court approved an expansive use of presidential power that upsets the Constitutional balance between Congress and the President. The Court approved the President’s summary dismissal of agency leaders (in this case, commissioners of the Federal Trade Commission), notwithstanding a statute signed by a former President and the Court's own precedent specifically forbidding such dismissals. This decision will further politicize and weaponize much of our federal government.

Keep ReadingShow less
Reclassifying Faith?: Inside the Department of War’s Revision to Its List of Religions
man holding his hands on open book
Photo by Patrick Fore on Unsplash

Reclassifying Faith?: Inside the Department of War’s Revision to Its List of Religions

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

How Are Religions Recognized in the U.S. Military?

Keep ReadingShow less
Anti-gerrymandering sign

Anti-gerrymandering sign

Bill Clark/Getty Images

Don't Hold Your Breath Waiting for Politicians or Their Consultants to Fix Gerrymandering

2018, a nonprofit worker in Michigan named Katie Fahey posted a message online asking if anyone else was tired of politicians drawing their own districts. She had no campaign experience and no political base.

Within two years, the ballot initiative she built, called Voters Not Politicians, had written an independent redistricting commission into the Michigan constitution. Hollywood eventually made a documentary about it, Slay the Dragon, which is a fairly accurate description of what she had actually done.

Keep ReadingShow less
Protestors holding signs outside of the Idaho statehouse.

Protesters rally for abortion rights outside of the Idaho Statehouse in downtown Boise, Idaho, on May 14, 2022.

Sarah A. Miller/Idaho Statesman/AP

Idaho Voters Will Weigh In on One of the Strictest Abortion Bans in the Country

Idaho voters will weigh in on their state’s abortion laws this November. The secretary of state’s office certified a ballot measure that could, if passed, overturn one of the strictest bans in the country, the campaign to restore abortion rights in Idaho confirmed on Monday.

The measure would enact a new law establishing a state right to “reproductive freedom,” which it defines as allowing residents to make their own decisions in areas including fertility treatment, contraception and abortion. But it would not amend the state’s constitution, meaning it could still be overturned by the state’s Republican legislature. Currently, Idaho bans abortion in nearly all circumstances, with a narrow exception if staying pregnant threatens someone’s life.

Keep ReadingShow less