Mirroring the three administrations before it (Bush, Obama and Trump), on 27 June 2021 the Biden administration chose to carry out a strike against its “enemies” (in this case pro-Iran militias in Syria).
However, for the first time in 20 years, it did not justify its action within the framework of the AUMF 2001 (Authorization for Use of Military Force of 2001) which legitimized the “war without end” envisaged by Donald Rumsfeld and the Admiral Arthur Cebrowski, nor of the AUMF 2002 (Authorization for Use of Military Force Against Iraq Resolution of 2002) which only applied to Iraq.
Instead, the Biden administration’s frame of reference are the president’s war powers as defined in the Constitution. In that case, President Biden should promptly be held to account by Congress, without whose consent he could not continue on this path.
This legal turnaround comes after the US-Russia summit in Geneva (aka “Yalta II”) and just when Congress is examining the possibility of repealing the AUMF. The House of Representatives has already voted in favor of the motion. The Senate is currently debating it behind closed doors within the Foreign Affairs Committee.