War Powers
Highlights:
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…
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…
152 Articles
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.
Congress Should Limit, Not Expand, Irregular Warfare Authority
Section 1202 of the NDAA is an overbroad authority that risks widening the aperture for U.S. forces to engage in and direct combat in unauthorized, foreign wars.
Policy Alert: Iran-U.S. Hostilities Ratcheting Up in Syria
Tensions between Iran and the United States are escalating again following tit-for-tat hostilities in Syria.
Opaque Transparency on the Use of Force: Observations on the 2022 “1264” Report
The 2022 report illustrates the limits of congressionally mandated reporting requirements on matters of war and peace and the need for Congress to be more proactive in informing…
The Ukraine War and the Crime of Aggression: How to Fill the Gaps in the International Legal System
An expert analysis of the diplomatic and legal options for creating a tribunal for the crime of waging a war of aggression against Ukraine.