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NSU Undergraduate Law Journal

Abstract

This paper will examine the 2001 Authorization for Use of Military Force [hereby known as “The Authorization”] passed by Congress in the wake of September 11, 2001. For the past two decades, the applicability and legality of its application have been called into question by both Congress and the public. While controversial, The Authorization continues to be the central legal authority for counterterrorism operations against Al-Qaeda and affiliated forces. Signed into law by President George W. Bush, The Authorization mirrors the urgency of defending against further terrorist attacks and the demand by the American public to bring those responsible to justice.

While this paper recognizes the intricacies and dense policy that build the legal permission structure for counter terrorism operations and pre-emptive strikes against terror affiliated targets, this paper takes the position The Authorization is the birthplace of present and applicable policy. This paper will include the United Nations Chapter 51’s right to self-defense as the cornerstone for this Authorization but will only analyze and justify this provenance and will defend its ripeness today.

While the language has been under scrutiny, proponents of The Authorization mostly contest its broad interpretation and application by presidents. Despite an expansion of military policy, legal frameworks, and an ever-evolving political landscape, the quarter of a century law still stands as the cornerstone for counter terrorism military operations. This article will examine the origin of Authorizations for Use of Military Force, trace the statutory and doctrinal framework that emerged from The Authorization, evaluates its legal justifications, constitutionality and practical effects, the controversy surrounding the authorization past and present, the applicability, and an ultimate analysis of The Authorization’s current place in the United States’ military authority across the middle east and north Africa.

This paper will ultimately conclude that while entering late adolescence, The Authorization is still applicable to the war on terror, does not expand beyond constitutionally approved powers awarded to Congress and the president. Furthermore, this paper will conclude The Authorization is still necessary for our current military landscape and the legal and supervised framework it created has vital to our national security and national defense.

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