Twenty-two years ago, American Idol was premiering, Tobey Maguire’s ‘Spider-Man’ was hitting theaters, and I was just 5 years old. 2002 was also the year that Congress authorized the Iraq War.
Since then, this outdated war authorization has enabled violence globally while hindering the United States’ ability to reach non-violent, peaceful solutions to conflict. As President Joe Biden’s term in office comes to an end, he can cement his legacy by taking executive action to terminate the outdated 2002 Authorization for Use of Military Force Against Iraq (2002 Iraq AUMF) and move us closer to a future free from war.
As President Biden contemplates his last few months in office, he should seize the opportunity to help bring an end to forever war.
As President Biden contemplates his last few months in office, he should seize the opportunity to help bring an end to forever war by issuing a “Presidential proclamation,” formally ending both the Iraq War and the authority of the 2002 Iraq AUMF. Supreme Court precedent holds that such a proclamation is a valid means to terminate a state of war. Issuing such a proclamation would formally close this terrible chapter, remove an outdated war authorization that remains open to abuse, and serve as an important step to cement President Biden’s legacy as a president who took meaningful steps to end forever war.
When it passed the 2002 Iraq AUMF, Congress authorized the president 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 Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq.” These UN Security Council resolutions concerned Iraq’s alleged possession of weapons of mass destruction. Weapons which did not exist.
Despite Congress’s clear intent to authorize force against the Saddam Hussein regime, some subsequent administrations have broadened the scope of authorization far beyond this intent. In 2014, the Obama Administration cited the 2002 Iraq AUMF as a part of its legal basis for military operations against ISIS. President Trump claimed that the 2002 resolution provided authority for military operations against ISIS in “Syria and elsewhere,” ultimately citing it as authority for the assassination of Iranian general Qassem Soleimani.
The misuse of the 2002 Iraq AUMF and the need for its repeal are irrefutable. The Saddam Hussein regime was overthrown in 2003, and the U.S. ended all military missions for the Iraq War in 2011. Thirteen years ago. Using a zombie war authorization to justify military actions that Congress never voted on is unjust. It runs contrary to the separation of war powers in the Constitution, which gives Congress the sole authority to declare war.
A bipartisan, bicameral majority in Congress wants to see the 2002 Iraq AUMF repealed. In 2023 the Senate passed a repeal measure, S.316 from Sens. Tim Kaine (VA) and Todd Young (IN), with a strong 66-30 bipartisan vote. A House companion measure from Reps. Barbara Lee (CA-13), Chip Roy (TX-21), Abigail Spanberger (VA-07) and Tom Cole (OK-04) amassed 79+ cosponsors from both sides of the aisle. And in 2021, the House voted to repeal the 2002 Iraq AUMF by a vote of 268-161.
While Congress remains at a standstill, President Biden can still act to prevent a future president from abusing the 2002 Iraq AUMF.
President Biden has been consistent in his support for repealing the 2002 Iraq AUMF, most recently in a 2023 Statement of Administration Policy in support of S.316. Yet despite the Senate voting for repeal more than a year ago, the House has failed to advance S. 316, leaving repeal in limbo. While Congress remains at a standstill, President Biden can still act to prevent a future president from abusing the 2002 Iraq AUMF.
During the campaign, Joe Biden promised to end “forever wars.” He needs to honor that promise and truly cement his legacy as a president who brought our nation closer to peace. Tobey Maguire is no longer Spider-Man, American Idol left the air and then came back for 8 more seasons, and I’ve now graduated from college. President Biden should seize this opportunity to bring an end to the Iraq War and end the outdated authority of the 2002 Iraq AUMF.
This AUMF has no place as we build a world free from war and violence. The time for bold action for peace is now.
