Authorization for Use of Military Force (AUMF)
252 Articles
Why Congress Should Not Add “Successor Organizations” in Authorizing War Against ISIS
Years from now, what organizations will be the successor entities to Al-Qaeda, the Taliban, and ISIS? Of course nobody knows the answer, not even the groups themselves. With that…
The Perils of a Congressional Authorization to Fight ISIS
On September 18, 2001, nobody could have imagined how far Congress’s Authorization for the Use of Military Force (AUMF) would be stretched nearly sixteen years later and across…
The Troubling Application of the Political Question Doctrine to Congressional Force Authorizations
The U.S. District Court for the District of Columbia on Nov. 21 dismissed the suit brought by U.S. Army Captain Nathan Michael Smith challenging the legality of the military campaign…
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…
State Dep’t Legal Adviser’s Answer to “Acute Question” on US Mil. Action against Al-Shabaab
On Friday, the Legal Adviser of the State Department, Brian Egan answered questions posed to him by New York Times journalist Charlie Savage on the current reach of Congress’s…
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…
Does Operation Inherent Resolve set a troubling constitutional precedent?: Engaging with Goldsmith and Waxman
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…
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,…
Why Captain Smith’s suit to enforce the War Powers Resolution won’t be a big deal
Last week, Army Captain Nathan Michael Smith filed a federal court suit against President Obama, seeking a declaration that the War Powers Resolution requires the President to…
Obama Shouldn’t Wait for Congress to Ensure He Leaves Behind a Clearly Defined War
Against the backdrop of a collapsing ceasefire in Syria, President Obama announced last week that he approved the deployment of an additional 250 special operations troops to Syria,…