Authority of the President to Use Military Force Against ISIL

This opinion analyzes the President's constitutional and statutory authority to use military force against the Islamic State of Iraq and the Levant (ISIL). It examines the Commander-in-Chief power under Article II, the Authorization for Use of Military Force (AUMF) of 2001, and the 2002 Iraq AUMF.

The opinion concludes that the President has authority under both the 2001 AUMF and Article II to conduct military operations against ISIL, based on the organization's relationship to al-Qaeda and the national interest in protecting American citizens from terrorist threats. It discusses the War Powers Resolution's reporting requirements and the scope of permissible operations.

The opinion also addresses the duration and geographic scope of the military authorization, noting that the authority extends to areas where ISIL operates, while recognizing that sustained ground combat operations would require additional congressional authorization.