War Powers
Highlights:
The U.S. Attack on Iran Was Unconstitutional
Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.
The Day After U.S. Strikes on Iran’s Nuclear Program: A Policy and Legal Assessment
An expert policy and legal assessment of the U.S. strikes on Iran's nuclear facilities and what comes next.
The Trump Administration’s Flawed War Powers Report on Iran and the Need for a Congressional Rebuttal
The White House’s legal justifications for attacking Iran are unconvincing and raise concerns about unauthorized use of force. Congress should push back.
What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A
It is essential to understand the line between war and peace, scrutinize the application of wartime powers, and interrogate the president’s assertions when he triggers them.
Upending the International Order: Why Undermining the UN Charter and US Defense Commitments is Self-Defeating
The President should understand that bellicose threats and unreliability as an ally may leave the United States poorer and more vulnerable on his watch and will frustrate his nuclear…
The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar
Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…
156 Articles
Questions for Senators (and Journalists) to Ask Secretary of State Nominee Marco Rubio
Experts suggest questions for the Senate Foreign Relations Committee's confirmation hearing for Trump's pick for Secretary of State, Sen. Marco Rubio.
National Security Resilience and Reform: Trump 2.0 and Beyond
Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.
A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF
President Biden should proclaim the conflict authorized by the 2002 resolution to be over and determine that it is no longer “necessary and appropriate” to use force for the…
Regional Conflict in the Middle East and the Limitations of the War Powers Resolution
The involvement of U.S. armed forces in hostilities in this tinderbox—without congressional authorization—should spur the legislative branch into action, including to enact…
Key Takeaways from September 28 House Foreign Affairs Committee Hearing on AUMF Reform
The HFAC hearing clarified the shallowness of the Biden administration’s conception of AUMF reform, divisions between the political branches and within the House, and the risks…
Why “Associated Forces” Should be Kept Out of Any New AUMF
Any new AUMF must be limited to only the clearly specified non-state armed groups Congress has voted to authorize war against. Otherwise, Congress risks hard-wiring a multi-front…
Questions for Congress to Ask the Biden Administration at the AUMF Hearing
Congress should seek to determine how the executive branch interprets and relies on the 2001 AUMF and where the administration stands on proposed reforms that have been widely…
Analyzing Previously Undisclosed Use of Force Reports: Challenges of Congressional Oversight of the War on Terror
The executive branch, through noncompliance and defiance, has delayed providing Congress with sufficient information on the war on terror.
How the Expansion of “Self-Defense” Has Undermined Constraints on the Use of Force
Legal Scholar Oona Hathaway examines how expansive U.S. interpretations of "self-defense" have shaped international law.
Finally Ending America’s Forever War, Part II: Prescription
Leading legal scholar Harold Hongju Koh presents a long-term strategy for ending the "war on terror."
Renewed Tensions in the Persian Gulf: Further War Powers Lessons from the Tanker War
The possibility of unilateral use of force spiraling into conflict in the Middle East should generate a sense of urgency on Capitol Hill for tackling war powers reform.
DeSantis Campaign’s Border Proposal Raises Separation of Powers Concerns
Florida governor and U.S. presidential candidate Ron DeSantis has proposed action that would flout constitutional and statutory limits.