My @Quora answer to What’s the difference between a declaration of war and an authorization for the use of military … http://qr.ae/RADMBT
Back to the words and spirit of Our Constitution. The A.U.M.F. is a Congressional end run around the strict Separation of Powers enshrined in Our Constitution which were placed intentionally to preclude a takeover by any branch of Our government.
A Declaration of War is a legal statement by Congress which essentially says “We are at War with this nation, (or rebellion), for these reasons, and Our Military Forces are called into service in the prosecution of this War.”
It is the only Constitutionally Legal way to commit US troops and resources to battle… if you read what the Constitution actually SAYS.
Article 1, Section 8 of the US Constitution:
“The Congress shall have the power… To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;…”
Article 2, Section 2 of the US Constitution:
“The President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States…” (and only Congress may Call them into Service… there is zero provision anywhere which allows the President to do so)
This last bit (as written… not as conveniently “interpreted” in order to evade the Constitution) strictly limits the Presidential power to rule the Military as Commander in Chief to times when Congress has already Called up the Military to prosecute a War, Declared a National Emergency, or put down a rebellion.
It’s called a Separation of Power, and it’s found throughout Our Constitution as a way to Protect Citizens from bribed Congresscritters.
The purpose of these clauses was to separate the initiation of Service for our military (declaration of targets) from the ability to direct it’s actions… so as to preclude the possibility of a military coup…
It’s very intentional, logical, and is precisely similar in effect to requiring two signatures on a check before that check can be presented for payment… All the empowered parties must sign off or the “check” of the use of Our military isn’t valid.
The A.U.M.F. is an illegal Congressional rebellion (see 14th Amendment, Section 3) against these valid Constitutional restrictions which strictly limited this use of force and wealth so as to prevent the series of never ending wars we’ve been forced to tolerate (and pay for) since Vietnam. Any “authority” for the A.U.M.F. stems solely from authority false assertion of “We can because We say we can.” Here’s the problem with that entirely “convenient” view: Congress is only authorized to make Law within the strict limits of the Constitution, by the letter and spirit of that Constitution.
In examining any action (past or present) by Our Congress the loud question “Cui Bono?!” is a very useful tool in determining the real reasons for that action.
In this case the only folks to profit are these guys:
… and the Congresscritters they bribe:
So much for their joint and several Oaths to “… support and protect the Constitution of the United States of America from all enemies foreign and domestic.”