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Authorization For Use Of Military Force Against Terrorists




The Authorization for Use of Military Force Against Terrorists of 2001 ( Public Law 107-40 ''Authorization for Use of Military Force'', Pub. L. No. 107-40, § 2(a), 115 Stat. 224, 224 (Sept. 18, 2001) (reported as a note to 50 U.S.C.A. § 1541)) was a law passed by the United States Congress authorizing use of United States Armed Forces against those responsible for the September 11, 2001 attacks launched against the United States. The authorization was sought by President George W. Bush .


THE LAW


Introduction

''Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and one

''Joint Resolution''

To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.


Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and


Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and


''Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and''

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and


Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it


::''Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,''


''Section 1 - Short Title''

''This joint resolution may be cited as the `Authorization for Use of Military Force'.''

''Section 2 - Authorization For Use of United States Armed Forces''

''(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.''

''(b) 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 resolution supercedes any requirement of the War Powers Resolution.


''Speaker of the House of Representatives.''

''Vice President of the United States and President of the Senate.''


CONGRESSIONAL VOTES


House Of Representatives

On September 14, 2001 this bill passed in the House without objection. The totals in the House of Representatives were: 420 Ayes, 1 Nay and 10 Not Voting.


Senate

On September 14, 2001 this bill 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).


AUMF AS PARTIAL JUSTIFICATION FOR EAVESDROPPING ON AMERICAN CITIZENS

For additional discussion on the eavesdropping of Americans issue, see the NSA Warrantless Surveillance Controversy .


SEE ALSO



  • Article One, Section 8, Clause 11 of the United States Constitution, the War Powers Clause , which vests in the Congress the exclusive power to declare war.


  • The War Powers Resolution (1973), which requires the President to obtain either a declaration of war or a resolution authorizing the use of force from Congress within 60 days of initiating hostilities.





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