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TIME Politics Congress Rand Pauls Declaration of War Against ISIS Divides Civil Libertarians Sen. Rand Paul (R-KY) speaks to an audience of supporters of Georgia Senate candidate David Perdue during a campaign stop in McDonough, Ga. on Oct. 24, 2014. Jessica McGowanGetty Images Some think a formal declaration of war would set limits, others worry where it would lead

Less than a week after rebuffing civil libertarians over a National Security Agency reform bill, Sen. Rand Paul (R-Ky.) has divided them over a new draft to declare war against the Islamic State in Iraq and Greater Syria and strip the authority President Obama uses to fight terrorism across the Middle East. Paul released his draft Monday and intends on introducing it in December.

The measure would set unprecedented limits on the Obama Administration, defining ISIS as the enemy and limiting ground combat forces to protect U.S. armed forces from imminent danger, attack high value targets and advise intelligence operations. The authorization only lasts for a year before Congress would have to re-up it.

The chances of the bill passing the presidents desk are slim, so to sayCongress has not declared war since World War IIbut it is interesting as it puts a likely Republican presidential contender on the same side as the New York Times editorial board on the question over whether or not the U.S. needs to act under a new legal authority to fight ISIS while dividing civil libertarians.

Some civil libertarians, angered by Obama and former president George W. Bush, who used authority granted by Congress in 2001 and 2002 to fight the War on Terror years later, praised the measure as an attempt to finally restore the checks and balance system.

It is the most muscular and assertive use of congressional authority under the Constitution of any of the proposals that are out there so far, says Chris Anders, a senior legislative counsel in the American Civil Liberties Unions Washington Legislative Office. We have a president deciding on his own once again to take the country to war without following the Constitution.

Anders said that Paul could be more specific in defining the objective, enemy and geographic limitations, but thinks that with additional information and hearings Paul can tighten up his draft.

I think given the information that is available right now, thats probably about as good as you can do, he said.

While Paul will face fierce opposition from the scores of defense hawks on Capitol Hill, he is not alone in providing the Administration with new authority to fight ISIS. A spokesman for Democratic California Rep. Adam Schiff, who has pushed along with Sens. Tim Kaine of Virginia and Robert Menendez of New Jersey for new congressional authorization, found a few things he liked in Pauls plan, including the new limits on the length of the mission and how troops are used.

Senator Pauls resolution tracks the bill introduced by Rep. Schiff in key respectsrepealing the 2002 authorization, sunsetting the new authority and the 2001 authorization contemporaneously, and limiting the use of ground troops against [ISIS], says Patrick Boland, Schiffs spokesman. While the limitations on ground troops differ in key respects, Senator Pauls bill is another important contribution to the debate over a new war authorization and adds support to the effort Senator Kaine and Schiff have been making to press for a Congressional debate and action on this key issue during the lame duck sessionhopefully his entry into this debate will help jumpstart the conversation on a new authorization which should begin immediately.

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Rand Pauls Declaration of War Against ISIS Divides Civil Libertarians