Protected: The Conscience of the Congress: Rep. Barbara Lee: September 14, 2001

Congresswoman Barbara Lee’s (D-CA) speech on the floor of the U.S. House of Representatives on September 14, 2001 stands as a moment of moral and constitutional courage. In the immediate aftermath of the September 11 attacks, Congress moved swiftly to pass the Authorization for Use of Military Force (AUMF) of 2001 (H.J. Res. 64 / S.J. Res. 23), which authorized the President to “use all necessary and appropriate force” against those he determined were responsible for or harbored the terrorist attacks. The AUMF, passed by a vote of 420-1 in the House and 98-0 in the Senate. Rep. Lee was the only member of Congress to vote against the AUMF.

In her brief but powerful floor remarks, Rep. Lee urged her colleagues to pause and consider the gravity of their decision amidst the nation’s shock, grief, and fear. “Our country is in a state of mourning. Some of us must say, let’s step back for a moment,” she said, “let’s just pause, just for a minute and think through the implications of our actions today.” This call for restraint and reflection rather than swift retaliation was met with widespread hostility. Rep. Lee was denounced as unpatriotic and received death threats.

Rep. Lee’s opposition to the AUMF, as she later shared in opinion pieces and press releases, was not opposition to the pursuit of justice for the perpetrators of the attacks, but to the breadth of authority granted the President through the resolution and a concern about the balance of power in the U.S. democratic system. The U.S. Constitution assigns the power to declare war to Congress, while the President acts as Commander-in-Chief of the military. By granting the President the ability to use force against any person or group he deemed connected to terrorism without Congressional approval or geographic and time limits, Congress was, in Rep. Lee’s view, granting the executive branch a “blank check” for war.

In the two decades following her speech, Rep. Lee consistently introduced legislation to repeal or sunset the AUMF, arguing that Congress must reclaim its obligation to give American people a voice on maters of war and peace by reasserting its oversight over the use of force. Her efforts were unsuccessful and the 2001 AUMF has been used by both Republican and Democratic administrations to justify military actions around the globe without congressional debate.

Congresswoman Barbara Lee’s stand in 2001 underscores the importance of protecting constitutional checks and balances even during times of crisis. In calling for Congress to “step back for a moment,” Rep. Lee joined other African American members of Congress who have spoken out in defense of democratic principles even when doing so placed them at odds with public sentiment.

Representative Barbara Lee (D-CA)

September 14, 2001

United States House Chamber, United States Capitol, Washington, DC

Speech in the Congressional Record – 107th Cong. 1st Sess. Congressional Record 147, No. 120: H5642-3.

Thank you and I want to thank our ranking member and my friend for yielding.

Mr. Speaker, members, I rise today really with a very heavy heart, one that is filled with sorrow for the families and the loved ones who were killed and injured this week. Only the most foolish and the most callous would not understand the grief that has really gripped our people and millions across the world. This unspeakable act on the United States has really forced me, however, to rely on my moral compass, my conscience, and my God for direction.

September 11th changed the world. Our deepest fears now haunt us. Yet, I am convinced that military action will not prevent further acts of international terrorism against the United States. This is a very complex and complicated matter.

Now this resolution will pass, although we all know that the President can wage a war even without it. However difficult this vote may be, some of us must urge the use of restraint. Our country is in a state of mourning. Some of us must say, let’s step back for a moment, let’s just pause, just for a minute and think through the implications of our actions today, so that this does not spiral out of control.

Now I have agonized over this vote. But I came to grips with it today, and I came to grips with opposing this resolution during the very painful, yet very beautiful memorial service. As a member of the clergy so eloquently said, “As we act, let us not become the evil that we deplore.“

Thank you and I yield the balance of my time.