When President Barack Obama called for authorization for military force to be used to fight ISIS, he was met with some criticism over restrictions that would be put in place, including limits on time and no use of ground forces in any ongoing conflict.
Some Republicans expressed their preference that the president move forward without such restrictions, which they believe could hamper them from achieving their objectives. Rep. Adam Kinzinger (R-Illinois) appeared on national television to talk about the president's request and what what Congress would be doing. Kinzinger had this to say:
"This would be the first time Congress would place limits on the commander-in-chief's ability to be commander-in-chief."
PolitiFact took a look at this claim and rated it FALSE. Reporter Joshua Gillin says that there are several examples in U.S. history where the reverse is true.
"To begin with, we have to talk about military conflicts," Gillin said. "Congress has the power to declare war, of course, and not the president. The last time that Congress declared war was back in 1941 as the United States entered World War II. All the conflicts since them ... Korea, Vietnam, Gulf Wars I and II ... they've been conducted through an authorization of military force, and all of those authorizations have had limits placed on them."
PolitiFact reached out to Kinzinger's office and was told he meant to say that these lack of limits were in reference to fighting terrorism. Gillin said that, even with that caveat, the Illinois congressman is still factually incorrect.
"The problem with Kinzinger's clarification is that even with Congress authorizing use of force after the 9/11 attacks, that force was to be limited to nations or people who were directly involved in making the 9/11 attacks happen," Gillin said. "It would be a stretch to say that ISIS qualifies under this, because ISIS didn't even declare themselves as an Islamic State until 2006."
Because of previous evidence to the contrary of Kinzinger's statement, PolitiFact rates his statement FALSE.
SOURCES: Commander-in-Chief powers limited?
- PolitiFact ruling
- ABC This Week, Transcript, Feb. 15, 2015
- Email interview with Catherine Gatewood, spokeswoman for Rep. Adam Kinzinger, Feb. 18, 2015
- White House, "Letter from the President -- Authorization for the Use of United States Armed Forces in connection with the Islamic State of Iraq and the Levant," Feb. 11, 2015
- White House, Joint Resolution "To authorize the limited use of the United States Armed Forces against the Islamic State of Iraq and the Levant," Feb. 11, 2015
- Government Printing Office, Joint Resolution "To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States," Sept. 18, 2001
- Government Printing Office, "Authorization for Use of Military Force Against Iraq Resolution of 2002," Oct. 16, 2002
- National Archives, Constitution of the United States, accessed Feb. 18, 2015
- Congressional Research Service, "War Powers Resolution: Presidential Compliance," Sept. 25, 2012
- Congressional Research Service, "Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications," March 17, 2011
- Email interview with Anthony Arend, professor of government and foreign service at Georgetown University, Feb. 17-18, 2015
- Email interview with Lance Janda, professor of History and Government at Cameron University, Feb. 17-18, 2015
- Phone interview with William Howell, professor of American politics at University of Chicago, Feb. 18, 2015
- Phone interview with Richard Stoll, international conflict scholar at Rice University, Feb. 18, 2015
- Boston.com, "Bush could bypass new torture ban," Jan. 4, 2006
- Justia.com, "Bas vs. Tingy," accessed Feb. 18, 2015
- PolitiFact, "Joe Lieberman says Obama ‘had the legal authority’ to strike Syria without congressional approval," Sept. 12, 2013
- PolitiFact, "Charlie Rangel says last president to seek congressional permission for war was FDR," April 5, 2011