Article II
28 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…
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.
Missed Opportunities and Minor Progress: The FY 2023 National Defense Bill and War Powers
One big disappointing omission and otherwise a mixed bag from the standpoint of winding down the United States’ forever wars -- despite leaders of both parties having proclaimed…
Still at War: The United States in Iraq
There are both benefits and risks to maintaining a U.S. military presence in Iraq.
Still at War: The United States in Syria
It is time to reconsider U.S. strategic objectives in Syria and the legal basis for the use of force there.
Introduction to Symposium: Still at War – Where and Why the United States is Fighting the “War on Terror”
As the "war on terror" enters a third decade, it is time to reevaluate the aims and utility of relying on military force around the globe.
Unilateral Use of Force in the “National Interest”: Taiwan Doesn’t Meet the Test
Can the President use force to protect Taiwan in the "national interest" without congressional authorization?
Is the Supreme Court Undercutting Congress’ Ability to Check Abuses of Presidential Power?
Yesterday’s Supreme Court rulings holding that the president is not immune from subpoenas issued by Congress and local law enforcement were a relief to many. But even as the…
The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database
Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now
Attorney General Barr’s extreme past positions on unilateral presidential power could cut out any required role for Congress in authorizing or rejecting war. Here's what Congress…
If Trump Revoked Critics’ Security Clearances, Could They Sue?
There’s a strong argument to be made that at least some constitutional challenges to the revocation of security clearances would be judicially reviewable.