Rand Paul to introduce resolution declaring war on ISIS

Sen. Rand Paul, R-Kentucky, says he will introduce a bill to declare war on Islamic State in Iraq and Syria (ISIS) once Congress comes back into session in December. He'll also use the same bill to terminate the authority granted by the 2002 Iraq Authorization for Use of Military Force (AUMF) and set a date for expiration of the 2001 AUMF.

In a statement, Paul said, "I believe the President must come to Congress to begin a war and that Congress has a duty to act. Right now, this war is illegal until Congress acts pursuant to the Constitution and authorizes it."

President Obama has been prosecuting the war on ISIS without explicit authorization by Congress. His justification has been that he has the power to act under the 2001 AUMF. A senior administration official, quoted by Time, asserted that the 2001 AUMF, which authorized force against "'those nations, organizations, or persons' responsible for 9/11," could be applied to U.S. action against ISIS (or ISIL, as the administration refers to it) because ISIS had been affiliated with al Qaeda in 2004 and "is the true inheritor of Usama bin Laden's legacy."

After the election, though, the President revisited this stance, saying, "I'm going to begin engaging Congress over a new Authorization to Use Military Force against ISIL. The world needs to know we are united behind this effort, and the men and women of our military deserve our clear and unified support."

Democrats -- and now Paul -- have been pressing for a new AUMF that is specifically intended to address the threat posed by ISIS. Last week, Rep. Adam Schiff, D-California, penned an opinion piece in the Los Angeles Times calling for Congress to vote on a new AUMF before lawmakers leave for the holidays, saying "I believe that Congress -- both Democrats and Republicans -- would support a narrowly tailored authorization that gives the president the authority he needs here."

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