War Powers
172 Articles
AUMF Proposals and Congressionally Mandated Reporting Requirements: Some Guideposts
In his State of the Union speech on Tuesday, President Obama called on Congress to authorize force against the Islamic State. This was consistent with the line he has been walking…
14 National Security Law “Heroes” in 2014
We spend a lot of time on this blog being critical–of people; of institutions; of judicial decisions; and of policy developments But as 2014 draws to a close, I thought it…
The Unintended Consequences of the 2001 AUMF Sunset
I join Ryan Goodman in applauding the Senate Foreign Relations Committee under the strong leadership of its Chairman Bob Menendez (D-N.J.), Sen. Tim Kaine (D-Va.), and many others…
How an ISIL-Specific AUMF Affects Interpretations of the 2001/2002 AUMFs
From the moment the United States began military operations against the Islamic State, questions have arisen about the domestic legal basis for the use of American force. The major…
Drone Courts: The Wrong Solution to the Wrong Problem
A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving…
Sen. Kaine: Narrow the Scope of the 2001 AUMF
WASHINGTON — It’s no secret that Sen. Tim Kaine (D-Va.) doesn’t buy the White House’s claim that the 2001 authorization for the use of military force (AUMF) against al-Qaeda…
Avoiding Unnecessary Wars and Preserving Accountability: Principles for an ISIL-Specific AUMF
Earlier today, a group of legal experts–including Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Harold Koh, and Marty Lederman–released a set of “Principles…
National Security Politics in the 114th Congress
Last September, I wrote a post exploring whether some of the congressional reactions to the Snowden disclosures might have been portents of a coming political realignment on national…
One More Thing on Goldsmith & Waxman
There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
Rejecting the Bush Comparison: A Response to Goldsmith & Waxman
Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
Security Agreement With Afghanistan Raises Key Questions About How and When War Ends
Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…
Unwilling or Unable: A Roundup of Just Security’s Debate on the Legality of Airstrikes Inside Syria
While it was only last night that the United States and five Arab nations began air strikes against ISIL and the al-Qaeda-linked Khorasan group inside Syria, Just Security has…