Authorization for Use of Military Force: 2001 “Tonkin Gulf Resolution in perpetuity”

Public Law 107-40 passed 7 days after 9/11

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    Authorization for Use of Military Force
    September 18, 2001


    Public Law 107-40 [S. J. RES. 23]


    107th CONGRESS


    JOINT RESOLUTION

    To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

    Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

    Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

    Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

    Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

    Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

          Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

          This joint resolution may be cited as the `Authorization for Use of Military Force’.

    SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

          (a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

          (b) War Powers Resolution Requirements-

                (1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

                (2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes [sic, i.e. supersedes] any requirement of the War Powers Resolution.

    Approved September 18, 2001. 


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