In a notable legislative action, the Senate passed a bipartisan amendment aimed at formally repealing the congressional resolutions that authorized U.S. military actions against Iraq in 1991 and 2002.
The amendment, known as the Kaine Amendment, was introduced by Senators Tim Kaine (D-VA) and Todd Young (R-IN) back in 2019.
This measure modifies the National Defense Authorization Act (NDAA) for Fiscal Year 2026 and seeks to abrogate the Authorization for Use of Military Force Against Iraq Resolution from 1991 as well as the one from 2002, which were instrumental in justifying the Persian Gulf War and the Iraq War.
The Senate approved this provision through a voice vote, marking a significant step in addressing the longstanding use of these authorizations.
Prior to the Senate’s passage, the House of Representatives had already approved its version of the legislation last month, with 49 Republicans joining all 212 Democrats in support of the AUMF repeal amendments.
With both chambers now aligned, the NDAA will go to a conference committee for reconciliation.
Senators Kaine and Young emphasized the amendment’s significance in reaffirming Congress’s constitutional role in declaring war.
They stated, “The 1991 and 2002 AUMFs are no longer necessary, and leaving them on the books carries the risk of potential misuse.
The House’s overwhelming support for repealing these AUMFs is a critical step forward in reasserting Congress’s role in decisions of war and peace, and keeping U.S. servicemembers safe.”
The approval of the Kaine Amendment is particularly noteworthy as it’s one of the rare instances where Congress has sought to limit the president’s ability to engage in military action.
According to Article I, Section 8, Clause 11 of the Constitution—known as the War Powers Clause—Congress is invested with the authority to declare war and oversee military engagements.
On the contrary, Article II, Section 2 asserts that the president serves as Commander in Chief of the armed forces, but this does not grant the power to unilaterally declare war.
Throughout history, both Republican and Democratic presidents have invoked the AUMFs that are now being rescinded to propagate extensive, and often contentious, military operations.
For instance, President George H.W. Bush referenced the 1991 AUMF to justify the imposition of a no-fly zone over southern Iraq in efforts to enforce U.N. Security Council Resolution 688.
Further, both Presidents Bill Clinton and George W. Bush leveraged the 1991 and 2002 AUMFs, respectively, to conduct military actions, including missile strikes and the prolonged occupation of Iraq, despite claims of ending major combat operations.
In 2014, President Barack Obama rationalized military interventions against ISIS forces in Iraq and Syria using the 2002 AUMF as legal basis, even after the War Powers Resolution’s stipulated time frame had elapsed.
President Donald Trump in 2020 cited the same 2002 AUMF to justify the drone strike assassination of Iranian Revolutionary Guard Commander Qasem Soleimani, a move that escalated tensions and nearly led to conflict with Iran.
Significantly, the way the Kaine Amendment passed—by voice vote—highlights a shift in perspective.
In stark contrast, back in October 2002, nearly four-fifths of the Senate had voted in favor of the U.S. invasion of Iraq.
At that time, a large majority of Americans held the belief that Iraqi President Saddam Hussein had connections to the September 11 attacks, and many were convinced that Iraq possessed nuclear weapons or weapons of mass destruction.
However, by 2025, the painful legacy of the Iraq War has led to a congressional environment able to eliminate its underlying legal justifications with minimal opposition.
During President Trump’s initial term, his opponents largely avoided criticizing his foreign policy, particularly the contrast between his non-interventionist discourse and his aggressive military actions.
Whether the approval of the Kaine Amendment marks a shift away from that dynamic remains uncertain.
Nonetheless, the amendment may symbolize a renewed willingness among Trump’s critics in Congress to reclaim their constitutional authority regarding military engagements.
image source from：independent
