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The National Security Law Podcast

Episode 27: The AUMF: All You Ever Wanted to Know (and Plenty You Didn’t)

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 17 July 2017

⏱️ 79 minutes

🧾️ Download transcript

Summary

Want a thorough backgrounder on the 2001 Authorization for Use of Military Force?  This is the episode for you. (This also is the episode for you if what you want, instead, is an hour of legal blather followed by five minutes of speculation about Season 7 of Game of Thrones). The "AUMF" is the key statute on which the government relies for its post-9/11 uses of force relating to terrorism, and it has been the source of controversy and debate for the better part of the past sixteen years.  This week's episode focuses exclusively on it. Professors Vladeck and Chesney first explain how it fits into larger legal debates about the separation of powers in our system.  Next, they review some of the key historical developments leading to its passage.  Then they describe the fight in September 2001 over how broad it ought to be. Then they talk about key legal rulings construing its scope in the years that followed.  Then they talk about how the evolving circumstances of counterterrorism--particularly the emergence of entities like AQAP and the Islamic State--have heightened questions regarding the continuing relevance of the AUMF.  Then they describe some of the proposed legislative fixes (and why they have not moved forward).  Then they...oh, I give up, you have the general idea, it's quicker just to listen!

Transcript

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0:00.0

Hello from Austin. Welcome to episode 27 of the National Security Law podcast.

0:15.0

Brought to you by the Strauss Center at the University of Texas. I'm Bobby Chesney. And I'm Steve Lodick. It's episode 27.

0:22.1

27.

0:23.0

Wow.

0:23.6

I feel so grown up.

0:24.7

I feel like, you know, we've somehow come up with 27 weeks worth of material?

0:29.7

Yeah, well.

0:30.3

2017.

0:31.1

Some better than others.

0:32.5

For sure.

0:33.6

Bobby, it's not Monday?

0:36.4

No.

0:36.8

I know.

0:42.4

I know it seems like it is Monday the, what, 17th? Yeah, but I guess it's not?

0:43.5

Not for you and I, not recording right now.

0:45.2

We have pre-recorded the podcast.

0:47.5

That's always a good idea except when it's not because, you know, it's 2017.

0:51.6

What could possibly happen?

0:53.5

Let's mean, you know, 2 o'clock on Friday afternoon, central time when we're recording this.

0:58.0

And Monday morning when we're going to put this out in the Internet.

1:01.0

All right.

1:01.2

So we're rolling the dice a bit, but I think our topic for this week's episode will weather the weekend without any drama.

...

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