To Declare an August War

In the melee following the announcement that the British government managed to foil a plot to blow up passenger flights in mid-air, President Bush, while in Green Bay, Wis., said the events showed that the nation "is at war with Islamic fascists." This is news and should be considered as significant to all Americans because we currently are not at war with Islamic fascists. Right now, there are just two AUMF's (Authorization for Use of Military Force) on the books.

The first is S.J.R. 23 which states:

Section 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.

The second is H.J.R. 114 which states:

Section 3 - Authorization For Use of United States Armed Forces
(a) Authorization.--The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to--
(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.

In the first resolution, the President has authorization to use force against those who "planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons." The second resolution deals with using armed forces to defend the U.S. against Iraqi attacks and to enforce "relevant United Nations Security Council resolutions regarding Iraq."

With the President's declaration that we're at war with Islamic fascists, I have to ask, "Does he intend to broaden his AUMF to cover all Islamic fascists?" Let's look at who would now be covered if he gets his way. Wikipedia, the online encyclopedia, has the following entry for Islamic fascists:

Organizations that have been labeled Islamofascist include Al-Qaeda, the current Iranian government, the Taliban, the Muslim Brotherhood, Hamas, and Hezbollah.

Some of those listed are covered by his original AUMF, but some are not. To include them would be to make a huge leap--one that I'm not prepared to make. Note the last two groups in the list, Hamas and Hezbollah. I find their inclusion interesting in light of current events with Israel.

As I see it, there are really only two possible solutions. The first would demand that the President go back to Congress and ask for a brand new AUMF that allows him the authority to wage war on "Islamic fascists". This would satisfy the requirements found in the War Powers Resolution (see 50USC1542). Either that, or he could wage an undeclared sixty days war on Islamic fascists. However, when the sixty day period ran out he would be required by law to end it or ask Congress for an extension (see 50USC15449(b)).

If the President does not pursue the first option, then consider the clock running on the second. Hmm... Sixty days from now would put us in the middle of October. Could this be an indication of an upcoming October surprise or am I just paranoid? Only time will tell.