War Powers
173 Articles
Bringing the AUMF Debate Back to its Constitutional Roots, and Recent History
A U.S. Army howitzer firing at Islamic State positions in Iraq in 2016. Last Friday, Rita Siemion published an insightful analysis of the Trump Administration’s first meaningful…
About that “Deconfliction Zone” in Syria: Is the United States on Firm Domestic and International Legal Footing?
The U.S. military has at least three times in recent weeks engaged in hostilities against pro-Syrian regime forces near the At Tanf garrison in southern Syria and shot down a pro-regime…
On N. Korea: Calling on Congress and the President’s Advisers to Defend the Constitution
For those of us who had hoped Defense Secretary Jim Mattis and Lt. Gen. H. R. McMaster, the president’s national security advisor, would make up for the inexperience and curb…
Why the strikes against Syria probably violate the U.N. Charter and (therefore) the U.S. Constitution
[UPDATED] The Pentagon has issued the following statement about the U.S.’s use of 59 Tomahawk missiles against the Shayrat Airfield in the Homs governorate of Syria this…
What’s Actually New in the New Drone Strike & Military Force Disclosures?
Yesterday, President Barack Obama released a series of documents relating to the use of military force abroad, including a 66-page Report on the Legal and Policy Frameworks Guiding…
President Obama’s Report on the Legal and Policy Frameworks Guiding and Limiting the Use of Military Force [UPDATED]
The Administration just released five new documents relating to the use of force, including detention, in counterterrorism operations against nonstate armed groups. The most important…
Questions for the Defense Department’s General Counsel
On Monday, Nov. 28 at 6 p.m., Jennifer O’Connor, general counsel of the Department of Defense, is giving a talk at NYU School of Law on “Applying the Law of Targeting to the…
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…
The Terminology of War and the Consequences for Executive Power
Just Security has hosted a number of interesting exchanges over the last week concerning the international and political implications of identifying the existence of an armed conflict.…
Just Security’s Questions for Clinton and Trump
Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…
Donald Trump’s Wall, David Rieff’s Long War, and the Dangers of Fear-Mongering
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…