War Powers
180 Articles
Trump’s War Powers Legacy and Questions for Biden
Will Biden rein in near-limitless claims of presidential authority to use force without congressional authorization and commit to restoring the balance of war powers between the…
Good Governance Paper No. 14: War Powers Reform
Essay in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.
The Soleimani Strike and the Case for War Powers Reform
With passage of historic war powers legislation on Iran, a leading authority homes in on what deep reform of the war powers should look like.
Congress Speaks: Trump Currently Has No Authority to Launch War with Iran
The House and Senate have passed resolutions that say President Trump has no authority to take the country to war against Iran.
How to Recover a Role for Congress and the Courts in Decisions to Wage War
A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…
To the 2020 Candidates: As President, Would You Prevent Another Genocide?
Two types of questions — asking about a specific country context or a broad use-of-force policy — have guided debates on the national stage about the U.S. role in atrocity…
New Legislation Offers Opportunity to Address 2001 Authorization for Use of Force, Amid Fears of War with Iran
Thanks to a new amendment that will be introduced today to must-pass legislation, Congress will have the opportunity to wrest greater control over its authorization of war under…
Getting Past the Veto on Ending Yemen War: How Congress’ Next Moves Can Succeed
Congress can now take two paths to end Yemen War, in light of President's Trump successful veto. A short-term and long-term strategy.
What’s the Mission in Syria? The Answer May be Illegal and Without U.S. Allies’ Support
Statements about a US "peacekeeping" force and a mission to counter-Iran raise serious legal questions and threaten to unravel U.S. allies' support for future U.S. operations inside…
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
U.S. Military’s “Collective Self-Defense” of Non-State Partner Forces: What Does International Law Say?
Earlier this month, Senator Tim Kaine made public a letter he wrote to Secretary of Defense Jim Mattis asking for clarification on the meaning of “collective self-defense of…
Post-9/11 Generation Reaches Enlistment Age in Unmoored ‘War on Terror’
Human Rights First International Legal Counsel Rita Siemion says it's long past time to ensure that war-based authorities are used only when specifically authorized by Congress…