National Defense Authorization Act for Fiscal Year 2018

Floor Speech

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Mr. President, for the first time in 15 years, we are debating the congressional role in the declaration of war.

We have fought the longest war in U.S. history under an original authorization to go after the people who attacked us on 9/11. That war is long since over, the war has long since lost its purpose, and it is long past time that we have a debate in Congress about whether we should be at war.

It is the constitutional role of Congress. Interestingly, the folks you have heard on either side of the issue have said it is our job. It is what we should be doing. Yet we haven't done it for 16 years. Who in their right mind thinks that Congress is actually going to do their job without being forced to do their job?

My resolution is actually silent on whether we should still be at war. My resolution simply says that the resolutions we have previously passed will expire. I don't believe they have anything to do with the seven wars we are involved with currently, anyway, but if we were to force them to expire, we would then have a debate.

But for those who say: Yes, Congress should exert its authority; Congress should be involved in the initiation of war--they don't really believe that unless they are going to vote that way. What will happen is the continuation of the same--that we abdicate that role and let the President do whatever he wants.

It is worse than that. Let's say that we were to vote for my resolution and that the authorization to go to war after 9/11 expired. Do you think any of the wars would end? No. The neoconservatives and the neoliberals believe the President has unlimited authority. They call it article II authority for war. There is some authority given to the President--an enormous amount of authority--to execute the war but not to initiate the war. The sole duty of initiation of war was given specifically to Congress.

So if these authorities were to expire--the President already says: I have all the authority I want under the Constitution to do whatever I want. But that is not what our Founders wanted. Madison, if he were here, would vehemently disagree. Madison wrote that the executive branch is the branch most prone for war; therefore, the Constitution, with studied care, vested that power in the legislature. It was supposed to be difficult to go to war.

Some wrung their hands and said: Oh, the Senate can never agree on any authorization to go to war. How long did it take us after Pearl Harbor? Twenty-four hours, and we declared war on Japan. How long did it take us after

9/11? It took 3 days. We can come together as a body when we are attacked, when we are unified in purpose. But guess what--after 16 years, it is difficult to determine the purpose in Afghanistan.

Also, those who say: We need a new authorization, but it is going to authorize war anywhere, anytime, with no geographic limit and no time limit--basically they would be authorizing everything we are doing now and not putting any limitations on it. We are in Yemen. We are aiding and abetting the Saudi war in Yemen. Yet there has been no vote on it. Seventeen million people live on the edge of starvation because of the Saudi blockade and bombing campaign. We are aiding and abetting that. Yet there has been no vote here in Congress.

Look, we have problems here at home. These wars are costing trillions of dollars. They are unauthorized. We have not voted on them. And I say, look, let's pay attention to some of the problems we have here at home. We are going to have a $150 billion tab for the Hurricane Harvey damage in Texas. Yet we continue with unauthorized, unconstitutional, undeclared war. I think it is time to think about the problems we have here at home. I think it is time to think about the $20 trillion debt we have. But we still have this wringing of hands and gnashing of teeth, saying: What if Congress doesn't do its job? What if we allowed this authorization of force to expire and we didn't get another one?

The thing is, that is abdicating your constitutional duty. The duty is to do what is within your constitutional duty. It is not to say: Well, the other Congressmen won't do their job, so I am not going to do my job.

Our job is to enforce, obey, and execute the Constitution. The Constitution says Congress shall declare war. It doesn't say the President can go to war anytime, anywhere around the globe. It says Congress shall declare war. So for the first time in 15 years, we are debating whether Congress has a role in this.

Those who vote no against my resolution are basically voting--even though they will say otherwise, they are voting to say: Well, let's just let the status quo go on. The President can do what he wants. It is too emotional, it is too controversial to debate war. So we will keep letting the President do whatever he wants.

My vote is to grab power back. My vote is to say: The Senate has prerogative here. The Constitution gives the power to the legislature. That is what this vote is about. It is about grabbing back the power to declare war and saying this is a Senate prerogative. So the majority, in all likelihood, will say: No, we do not want to do that. We think that would risk some war somewhere, sometime.

That is the point. We should be debating where we should be at war. Should we be at war in Somalia? Should we be at war in Libya? Should we be at war in Yemen? Should we be at war in Iraq, in Syria, in Afghanistan?

Look, President Obama ran on ending the wars; yet he ended up taking the war and bombing campaign to seven countries without his having any authorization. Intriguingly, the left was relentless in criticizing George Bush; yet George Bush did come to Congress. We had a vote to go after those who attacked us on 9/11. We had an ill-fought campaign with regard to the Iraq war, but we did actually vote on it. We have not voted for a generation. Should one generation be able to bind another generation?

Realize that, if we do not force these authorizations to expire, this war could go on forever. This is 1984. This is George Orwell's saying that Oceania has always been at war with East Asia and then, a month later, his saying that Oceania has always been at war with Eurasia-- because no one is stepping up to say no. That is what Congress is supposed to do. We are supposed to be a voice that debates and asks: Should we go to war? It is part of doing our job, but the only way to get Congress to do its job is to actually let these expire.

We should have a full-throated debate over who initiates war. There is no murkiness to the Constitution. The Constitution is explicit. The power of the initiation of war--the declaration of war--lies with Congress, but the war in Afghanistan has gone on for 16 years now. Our young men and women who will be fighting in the war in the next year or so were not yet born on 9/11. We have long since killed the people who perpetrated 9/11. With the killing of bin Laden, there is no person left in the leadership of al-Qaida or the Taliban who was around at that period of time. Yet we say: Well, it is still the Taliban. If you are going to say that we are going to fight until the end of time--that we are going to have a perpetual war until the end of time--and that we are going to kill every radical Islamist in the world, it is an impossibility.

I would say, at the very least, let's have a debate. If that is your purpose, if that is your goal, and if that is what you stand for, step forward, and let's have a debate. Let's debate the war in Yemen. Let's debate the war in Somalia. Let's debate whether we should be bombing people in Nigeria. Let's debate whether we should be in Syria, Iraq, Iran, Afghanistan. Let's have a debate about all of these different wars. Let's not just muddle on and say: Oh, the President can do what he wants.

Realize that the people in this body who are for perpetual war do not even think we should have any role in it. They tell me quietly every day that the President can do whatever he wants under article II of the Constitution. That is absolutely false. Read the Federalist Papers. There is extensive debate over the war-making power. From Washington, to Adams, to Jefferson, to Madison, they all said very explicitly: We give this power to Congress because we fear the perpetual wars that we have seen in Europe. We fear the wars of brother fighting brother and brother fighting cousin within these royal disputes that went on endlessly in Europe. He set up our founding document to try to make war difficult, but when we have been attacked, it has been easy to come together. For 9/11, virtually unanimously, we came together within 3 days. For Pearl Harbor, it was within 24 hours.

What I would say to my colleagues is: Do your job. This is your constitutional role. Let's let these expire, and over the next 6 months, let's debate whether we should be at war and where.

I, for one, am one who says that we should oppose unauthorized, undeclared, unconstitutional war. At this particular time, there are no limits on war. The 9/11 proclamation has been interpreted so widely that it could mean anything. You have people who interpret it widely, but you also have people who say that the Constitution says that the President can do anything. This is not what our Founding Fathers intended.

I am proud to be a part of and an instigator of the debate. For the first time in 15 years, the full Senate will vote on whether we have a role in initiating war, whether we should continue to be at war, or whether we should even vote on whether we should continue to be at war.

I urge the Senate to adopt my amendment, which would be a 6-month moratorium--a 6-month sunset--on the 2001 and 2002 resolution so that we could then have the real debate. But mark my words: Those who will come out and say that they are for the real debate are not really for it unless they are willing to sunset it, because we have been going for 16 years without having a real debate. There will be no real debate on war unless we pass this resolution.

I yield back my time.

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