Jennifer Daskal writes: The United States is fighting an unauthorized war. Over the past 19 months, American forces have launched more than 8,800 strikes against the Islamic State in Iraq and Syria and hit the group’s affiliate in Libya. The United States continues aerial assaults against Al Qaeda in the Arabian Peninsula in Yemen, is going after militants in Afghanistan and Pakistan, and killed more than 150 suspected Shabab fighters in Somalia just last month.
This war isn’t limited to drone strikes or aerial bombings. It includes Special Operations forces in Iraq, Syria and Afghanistan — and possibly elsewhere. This past weekend, President Obama announced that he would send an additional 250 such troops to Syria.
The primary legal authority for these strikes and deployments comes from the 60-word Authorization for Use of Military Force, passed almost a decade and a half ago. In the days after Sept. 11, 2001, President George W. Bush asked for an open-ended authorization to fight all future acts of terrorism. Wisely, Congress rejected that request, though it did give the president authority to use force against those responsible for the Sept. 11 attacks, Al Qaeda, and those that harbored them, the Taliban.
Today, the Taliban no longer rules Afghanistan, Osama bin Laden has been killed and the other key participants in the Sept. 11 attacks are either locked up or dead. But the old authorization lives on. [Continue reading…]