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One foreign policy expert said these congressional authorizations "have become like holy writ, documents frozen in time yet endlessly reinterpreted to justify new military action."
Almost exactly 24 years after the September 11, 2001 attacks, the US House of Representatives voted Tuesday to finally repeal a pair of more than two-decade-old congressional authorizations that have allowed presidents to carry out military attacks in the Middle East and elsewhere.
In a 261-167 vote, with 49 Republicans joining all Democrats, the House passed an amendment to the next military spending bill to rescind the Authorizations for the Use of Military Force (AUMF) passed by Congress in the leadup to the 1991 Persian Gulf War and 2003 War in Iraq.
The decision is a small act of resistance in Congress after what the Quincy Institute's Adam Weinstein described in Foreign Policy magazine as "years of neglected oversight" by Congress over the "steady expansion of presidential war-making authority."
As Weinstein explains, these AUMFs, originally meant to give presidents narrow authority to target terrorist organizations like al-Qaeda and use military force against Saddam Hussein, "have been stretched far beyond their original purposes" by presidents to justify the use of unilateral military force across the Middle East.
President George W. Bush used the 2002 authorization, which empowered him to use military force against Iraq, to launch a full invasion and military occupation of the country. Bush would stretch its purview throughout the remainder of his term to apply the AUMF to any threat that could be seen as stemming from Iraq.
After Congress refused to pass a new authorization for the fight against ISIS—an offshoot of al-Qaeda—President Barack Obama used the ones passed during the War on Terror to expand US military operations in Syria. They also served as the basis of his use of drone assassinations in the Middle East and North Africa throughout his term.
During his first term, President Donald Trump used those authorizations as the legal justification to intensify the drone war and to launch attacks against Hezbollah in Iraq and Syria. He then used it to carry out the reckless assassination of Iranian General Qassem Soleimani in Iraq.
And even while calling for the repeal of the initial 2001 and 2002 authorizations, former President Joe Biden used them to continue many of the operations started by Trump.
"These AUMFs," Weinstein said, "have become like holy writ, documents frozen in time yet endlessly reinterpreted to justify new military action."
The amendment to repeal the authorizations was introduced by Rep. Gregory Meeks (D-N.Y.) and Rep. Chip Roy (R-Texas).
Meeks described the authorizations as "long obsolete," saying they "risk abuse by administrations of either party."
Roy described the repeal of the amendment as something "strongly opposed by the, I'll call it, defense hawk community." But, he said, "the AUMF was passed in '02 to deal with Iraq and Saddam Hussein, and that guy's been dead... and we're now still running under an '02 AUMF. That's insane. We should repeal that."
"For decades, presidents abused these AUMFs to send Americans to fight in forever wars in the Middle East," said Rep. Chris Deluzio (D-Pa.) shortly before voting for the amendment. "Congress must take back its war powers authority and vote to repeal these AUMFs."
Although this House vote theoretically curbs Trump's war-making authority, it comes attached to a bill that authorizes $893 billion worth of new war spending, which 17 Democrats joined all but four Republicans Republicans in supporting Wednesday.
The vote will also have no bearing on the question of President Donald Trump's increasing use of military force without Congressional approval to launch unilateral strikes—including last week's bombing of a vessel that the administration has claimed, without clear evidence, was trafficking drugs from Venezuela and strikes conducted in June against Iran, without citing any congressional authorization.
Alexander McCoy, a Marine veteran and public policy advocate at Public Citizen, said, "the 1991 and 2002 AUMFs" are "good to remove," but pointed out that it's "mostly the 2001 AUMF that is exploited for forever wars."
"Not to mention, McCoy added, "we have reached a point where AUMFs almost seem irrelevant, because Congress has shown no willingness whatsoever to punish the president for just launching military actions without one, against Iran, and now apparently against Venezuela."
In the wake of Trump's strikes against Iran, Democrats introduced resolutions in the House and Senate aimed at requiring him to obtain Congressional approval, though Republicans and some Democratic war hawks ultimately stymied them.
However, Dylan Williams, the vice president of the Center for International Policy, argued that the repeal of the AUMF was nevertheless "a major development in the effort to finally rein in decades of unchecked use of military force by presidents of both parties."
The vote, Williams said, required lawmakers "to show where they stand on restraining US military adventurism."
"As long as sitting lawmakers are allowed to trade stocks connected to the industries they oversee, the public will question whether they are prioritizing their own personal profits," said one campaigner.
Government watchdog groups on Wednesday cheered the bipartisan introduction of the Restore Trust in Congress Act, which would ban federal lawmakers, along with their spouses and children, from trading individual stocks.
"The legislation would require lawmakers to sell all individual stocks within 180 days," according to NPR. "Newly elected members of Congress would also have to divest of individual stock holdings before being sworn in. Members who fail to divest would face a fine equivalent to 10% of the value of the stock."
The bill's lead supporters in the House of Representatives span the full ideological spectrum: Reps. Tim Burchett (R-Tenn.), Brian Fitzpatrick (R-Pa.), Pramila Jayapal (D-Wash.), Anna Paulina Luna (R-Fla.), Seth Magaziner (D-Pa.), Alexandria Ocasio-Cortez (D-N.Y.), and Chip Roy (R-Texas).
"In a strong display of bipartisanship, leaders from both sides of the aisle in the House have worked together to produce a comprehensive and commonsense legislative measure to ban congressional stock trading," said Craig Holman, government affairs lobbyist with the group Public Citizen, which is endorsing the bill.
"These members worked for months in drafting a strong consensus bill that addresses all the key elements of an effective ban on congressional stock trading," he continued, welcoming that the prohibition applies to immediate family members and "covers a wide range of investments, including cryptocurrency, and is fortified with strong enforcement measures."
Brett Edkins, managing director of policy and political affairs at the progressive advocacy group Stand Up America, also applauded the bill, highlighting that "our representatives in Washington have access to an enormous amount of information about our economy that isn't available to the public."
"They should not be allowed to use what they learn in the course of their legislative duties to gain an unfair advantage and enrich themselves," he said. "It's time to ban sitting members of Congress from buying and selling stocks. Members of Congress cannot be trusted to police themselves, and existing ethics laws do not go far enough to prevent members from using their insider knowledge for personal gain."
Lawmakers behind this new proposal have long advocated for a full ban, arguing that existing protections—including those in the Stop Trading on Congressional Knowledge (STOCK) Act of 2012—are inadequate.
Advocacy groups, including the Campaign Legal Center, have also "been fighting for years to improve laws regulating the way members of Congress trade stocks," noted Kedric Payne, CLC's vice president, general counsel, and senior director for ethics.
"As long as sitting lawmakers are allowed to trade stocks connected to the industries they oversee, the public will question whether they are prioritizing their own personal profits over the public interest," Payne said. "We applaud this bipartisan legislation that incorporates the key provisions of stock act reform CLC has fought to advance—a ban on stock ownership that is enforceable and holds lawmakers accountable."
Jamie Neikrie, legislative director at the political reform group Issue One, pointed out Wednesday that "three years have passed since House leadership made a commitment to bring a congressional stock trading ban bill to the floor for a vote."
"It's time to get this much-needed reform across the finish line—no more excuses," Neikrie declared. "Members of Congress have a responsibility to hold themselves to the highest ethical standards, and passing the Restore Trust in Congress Act is how Congress shows it's serious about restoring trust and integrity in government."
"Today is a critical step for a more transparent and stronger institution," he added, urging "leadership in both chambers to seize this moment" and send the bill to President Donald Trump's desk.
Earlier this summer, Trump lashed out at Sen. Josh Hawley (R-Mo.), who worked with Democrats to advance out of committee a stock trading ban, claiming that "he is playing right into the dirty hands of the Democrats."
Hawley initially called his proposal the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act—a nod to former House Speaker Nancy Pelosi (D-Calif.), whose husband's stock trading has drawn scrutiny. After Hawley worked with Democrats on the bill, it was renamed the Halting Ownership and Non-Ethical Stock Transactions (HONEST) Act.
After the Senate Homeland Security and Governmental Affairs Committee's July vote, Pelosi said that "while I appreciate the creativity of my Republican colleagues in drafting legislative acronyms, I welcome any serious effort to raise ethical standards in public service. The HONEST Act, as amended, rightly applies its stock trading ban not only to Members of Congress, but now to the president and vice president as well. I strongly support this legislation and look forward to voting for it on the floor of the House."
Meanwhile, Fox News' Jesse Watters at the time asked Hawley about Trump lashing out at him. The Senate Republican responded, "I had a good chat with the president earlier this evening, and he reiterated to me he wants to see a ban on stock trading by people like Nancy Pelosi and members of Congress, which is what we passed today."
Chip Roy and his colleagues have done the equivalent of firing the lifeguards and pulling in the buoy ropes that mark the safe place to swim, while declaring the buddy system to be socialism.
Sending your kid off to sleepaway camp is a milestone no less for parents than for kids—it’s often the first time you’ve really let go of them. I clearly remember the pleasure of getting a postcard from our 9-year-old daughter a few days into her first year of camp: On the front it said, “Dear Mom and Dad, I miss you.” When you flipped it over, in huge letters on the back, it added “NOT.” We breathed a sigh of relief—she was fine (and we felt like successful parents, too).
So watching the horror still unfolding in the Texas hill country is almost unbearable. I can’t bring myself to imagine what it must have felt like for the girls swept away in the night by water rising an inch every 25 seconds, or to be a counselor trying to figure out how to cope with this kind of emergency—I’ve been literally shutting the images out of my mind as they form. But I can all too easily imagine, with a leaden feeling in my stomach, what it must have felt like to be a parent waiting for news. We mock the “thoughts and prayers” response to disaster (and rightly so, if that’s all that our leaders offer), but thoughts and prayers are heartfelt today, as they are after school shootings and every other such tragedy. It must be simply unbearable, realizing that you won’t be going to parents day at camp, or meeting the bus that brings the campers back home in August.
A well-run camp strikes me as a reasonable analogue for a well-run society, in that it attempts to maximize opportunity while minimizing risk. Those things are always in a certain amount of tension, and balancing that tension is a big reason why we form governments and adopt rules.
No honest person can deny there’s real danger from a heating climate, and real opportunity from clean, cheap renewable power.
So, for example, going for a swim is a slightly perilous thing—we’re not really water-evolved creatures, and drowning is surprisingly easy. But swimming and sailing and waterskiing are great fun, and so we’ve figured out ways to lower the risk: We teach kids how to swim, we assign them swim buddies, we have lifeguards. As we learn more, we change those rules—my mother, for instance, was a devout believer in the conventional wisdom that required waiting half an hour (not a second less) after eating before you could jump in the pool, but it turns out that actual data shows that’s unnecessary. On the other hand, we understand a lot more about why you shouldn’t go in a lake with blue-green algae, and so we both close down beaches and try to clean up the pollution that causes it.
Camp’s not a perfect analogy for society, of course. Most of us are adults, and at least theoretically better equipped to make our own decisions, and the thing we’re most bent on maximizing is not fun but wealth (probably a mistake, but there it is). Still, unless we’re true libertarians we acknowledge the need to address risk and opportunity in some sensible fashion. Which we’re not doing at the moment. The huge budget bill that finally passed last week is a perfect example.
The Republicans who passed it—and this was an entirely Republican operation, stem to stern—clearly wanted to maximize the wealth of rich people: the most affluent 1% of families will receive a trillion dollars in new income. (This is the camp equivalent of giving almost all the s’mores to one or two kids). In return they were willing to embrace a wide variety of risks: not just the risks posed by a higher deficit in a time when we’re not at war or in recession, but the risk that comes from $930 billion in cuts to Medicaid. That will cause rural hospitals to close, for instance, making healthcare much harder to access and in the process surely endangering large numbers of lives. Or the 20% reduction in Supplemental Nutrition Assistance Program funding for food assistance, which will clearly raise the risk of people going hungry.
The only risk they really seemed to care about was violent crime by immigrants—that was the justification for tripling the Immigration and Customs Enforcement budget so we can have a quantum increase in the number of guys with neck gaiters shoving people into vans. This is not just immoral, it’s statistically dumb, the equivalent of waiting half an hour to swim: Immigrants are highly unlikely to be violent criminals compared with native-born Americans. If violent crime was your concern, you’d be better off deporting lots and lots of Americans and filling the returning planes with generally more peaceable immigrants. (But let’s don’t do that either).
And of course they’ve chosen to ignore one huge category of risk entirely—the risk (really at this point more a guarantee) that we’re going to damage in extraordinary ways the climate that sustains us. Consider Chip Roy, the congressman whose district was so damaged in the floods. He has been vehement in his opposition to subsidies or mandates or anything else that might help clean energy, and he has voted for everything that might help the fossil fuel industry. Let’s assume he’s acting in good faith, and not responding to the more than $671,788 in campaign contributions from the hydrocarbon industry. (Not perhaps a wise assumption, but it’s a day for acting in good faith). He’s expressed himself on this exact question of comparative risk, in a 2018 article in the San Antonio paper when he made his first run for Congress.
He explained that, in essence, he wanted to maximize the wealth and fun that came with hydrocarbons:
What I know is that our lives are made so immeasurably better by the availability of affordable, abundant energy.
And he said that he thought the risk was low, at least relative to the benefits of fossil fuels.
My belief is that the net positive impact of energy production relative to whatever the question-mark impact is on CO2 (carbon dioxide), to me, comes out very much on the positive.
Again, let’s take him in good faith. So—since 2018 two things have changed.
One is that it’s become ever more clear exactly how dangerous climate change is: Just in the past few days we’ve had a new report from the United Nations on how drought is devastating unprecedented swaths of the planet (“this is not a dry spell. This is a slow-moving global catastrophe, the worst I’ve ever seen,” one of its authors explained), had new data from the Antarctic on how rising salinity in the Southern Ocean is melting yet more polar ice (“we may have passed a tipping point and entered a new state defined by persistent sea ice decline, sustained by a newly discovered feedback loop”), and had firsthand accounts of life in the broiling European heatwave (“like swimming in soup.”)
The second thing that’s changed is that it is now far cheaper to use renewable energy than fossil fuels—the price of solar and wind has dropped almost 90% since that 2018 interview, and batteries that make them round-the-clock fuels are now cheap too. You know who realizes this? Energy regulators in Texas, where renewables are growing faster than anywhere in the country.
The famously developer-friendly Lone Star State has struggled to add new gas power plants lately, even after offering up billions of taxpayer dollars for a dedicated loan program to private gas developers. Solar and battery additions since last March average about 1 gigawatt per month, based on ERCOT’s figures, Texas energy analyst Doug Lewin said. In 2024, Texas produced almost twice as much wind and solar electricity as California.
When weather conditions align, the state’s abundant clean-energy resources come alive—and those conditions aligned last week amid sunny, windy, warm weather. On March 2 at 2:40 pm CST, renewables collectively met a record 76% of ERCOT demand.
Then, on Wednesday evening, solar production started to dip with the setting sun. More than 23,000 megawatts of thermal power plants were missing in action. Most of those were offline for scheduled repairs, but ERCOT data show that nearly half of all recent outages have been “forced,” meaning unscheduled.
At 6:15 pm CST, batteries jumped in and delivered more than 10% of ERCOT’s electricity demand—the first time they’ve ever crossed that threshold in the state.
“Batteries just don’t need the kind of maintenance windows that thermal plants do,” said Lewin, who authors The Texas Energy and Power Newsletter. “The fleet of thermal plants is pretty rickety and old at this point, so having the batteries on there, it’s not just a summertime thing or winter morning peak, they can bail us out in the spring, too.”
In other words, right there in Texas renewable power is the cheapest and most reliable way to have what Roy calls the “affordable, abundant energy” that makes our “lives so immeasurably better.” For me, these sets of facts should be enough. No honest person can deny there’s real danger from a heating climate, and real opportunity from clean, cheap renewable power (the rest of the world has clearly figured this out).
But either Roy hasn’t been paying attention to the new landscape, or those campaign contributions are too sweet, or the grip of ideology too strong. Roy not only voted to end all support for what he called, in a press release, the “Green New scam,” he also voted to close down the various programs of the National Oceanic and Atmospheric Administration and the National Weather Service that even try to monitor the effects of climate change and warn us about emergencies like the weekend’s floods. (A good Times story reiterated something we talked about a few weeks ago in this newsletter: Many of the necessary posts at the relevant NWS offices were vacant). In summer camp terms, he and his colleagues fired the lifeguards and pulled in the buoy ropes that mark the safe place to swim, while declaring the buddy system to be socialism. Sink or swim on your own—even after the floods he called for “fewer bureaucrats” as the best response to the nightmare.
If an experience like this close to home won’t open his eyes, then we have to organize to make sure that people like him aren’t returned to office—both in an effort to help slow global warming, and, at this point, in an effort to help us survive what we can no longer avoid—an effort that will require solidarity, not the selfish solipsism that is the mark of MAGA.
Earth Day in 1970 turned into a (highly successful) drive six months later to defeat a ‘dirty dozen’ Congressmen. Hopefully the energy that comes out of SunDay in September will have something of the same effect. Our new poster came out today. Join in the effort at sunday.earth