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ACLU warns new bill gives Obama "Authority for Worldwide War" PDF Print E-mail
Written by Chris Davenport   
Wednesday, 01 June 2011

In a recent blog post, the American Civil Liberties Union warns:

"The House just passed the National Defense Authorization Act (NDAA), including a provision to authorize worldwide war, which has no expiration date and will allow this president — and any future president — to go to war anywhere in the world, at any time, without further congressional authorization. The new authorization wouldn’t even require the president to show any threat to the national security of the United States . . .

"Before the vote, the House debated an amendment that would have struck the worldwide war provision. That amendment was introduced by a bipartisan group of representatives: Rep. Justin Amash (R-Mich.), Rep. John Conyers (D-Mich.), Rep. Walter Jones (R-N.C.), Rep. Barbara Lee (D-Calif.), Rep. Jerrold Nadler (D-N.Y.), and Rep. Ron Paul (R-Texas). Given the enormity of the proposed law, you’d expect the House to debate the amendment to strike it extensively, but that’s not what happened. The amendment was debated for a total of 20 minutes. That’s right. Twenty minutes to debate whether Congress should hand the executive branch sweeping worldwide war authority. The vote on the amendment took place earlier this afternoon, and it failed on the House floor by a vote of 187-in favor to 234-opposed."

The "Worldwide War Provision" is contained in section 1034:

SEC. 1034. AFFIRMATION OF ARMED CONFLICT WITH ALQAEDA, THE TALIBAN, AND ASSOCIATED FORCES.

Congress affirms that—

(1) the United States is engaged in an armed conflict with al-Qaeda, the Taliban, and associated forces and that those entities continue to pose a threat to the United States and its citizens, both domestically and abroad;

(2) the President has the authority to use all necessary and appropriate force during the current armed conflict with al-Qaeda, the Taliban, and associated forces pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note);

(3) the current armed conflict includes nations, organization, and persons who—

(A) are part of, or are substantially supporting, al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners; or (B) have engaged in hostilities or have directly supported hostilities in aid of a nation, organization, or person described in subparagraph (A); and

(4) the President’s authority pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) includes the authority to detain belligerents, including persons described in paragraph (3), until the termination of hostilities.

The ACLU published a comparison between the law passed by George W. Bush in 2001 with the current H.R. 1540. The legislation is now in the Senate as bill S.981.