posted on Dec, 20 2011 @ 12:31 PM
HR 1540 has a section that explains intent and limitations, I have highlighted the concerning bits:
SEC. 1034. AFFIRMATION OF ARMED CONFLICT WITH AL-QAEDA, THE TALIBAN, AND ASSOCIATED FORCES.
Congress affirms that--
(1) the United States is engaged in an armed conflict with al-Qaeda, the Taliban, and associated forces and that those entities continue to pose a
threat to the United States and its citizens, both domestically and abroad;
(2) the President has the authority to use all necessary and appropriate force during the current armed conflict with al-Qaeda, the Taliban, and
associated forces pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note);
(3) the current armed conflict includes nations, organization, and persons who--
(A) are part of, or are substantially supporting, al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United
States or its coalition partners; or
(B) have engaged in hostilities or have directly supported hostilities in aid of a nation, organization, or person described in subparagraph (A);
(4) the President's authority pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority
to detain belligerents, including persons described in paragraph (3), until the termination of hostilities.
The use of "belligerents" denotes that this is a military document.
"An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An
unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action."
The President, then, is bound by the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541.
Public Law 107–40
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;
Whereas, such acts continue to pose an unusual and extraordinary
threat to the national security and foreign policy of the United
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.
Use of Military
50 USC 1541
Sept. 18, 2001
[S.J. Res. 23]
VerDate 11-MAY-2000 13:42 Oct 03, 2001 Jkt 089139 PO 00040 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL040.107 APPS10 PsN: PUBL040
PUBLIC LAW 107–40—SEPT. 18, 2001 115 STAT. 225
LEGISLATIVE HISTORY—S.J. Res. 23 (H.J. Res. 64):
CONGRESSIONAL RECORD, Vol. 147 (2001):
Sept. 14, considered and passed Senate and House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Sept. 18, Presidential statement.
(2) APPLICABILITY OF OTHER REQUIREMENTS.—Nothing in
this resolution supercedes any requirement of the War Powers
Approved September 18, 2001.
Sooooo.the War Powers resolution is still a higher code for Executive behavior...
Let's see what that has to say: