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Crew members of the US Navy warship USS Sampson (DDG 102) are pictured at the Amador International Cruise Terminal in Panama City on September 02, 2025. Venezuelan President Nicolas Maduro said on September 1, 2025, that eight US military vessels with 1,200 missiles were targeting his country, which he declared to be in a state of "maximum readiness to defend" itself. (Photo by MARTIN BERNETTI/AFP via Getty Images)

The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations

Congress and the public must do more to address the dangerous pressures imposed on servicemembers and defend the guardrails that protect both U.S. forces and democracy.
Top shot of Pamela Bondi before the Senate Judiciary Committee

What the Senate Judiciary Committee Should Ask A.G. Bondi on Drug Cartel Strikes

Annotated questions Congress should be asking about U.S. military strikes on suspected drug traffickers in the Caribbean.
ARLINGTON, VIRGINIA - JUNE 26: Chairman of the Joint Chiefs of Staff Air Force Gen. Dan Caine turns to watch a video of a bombing test of the GBU-57A/B Massive Ordnance Penetrator (MOP) used in the attack on the Iranian Fordow Fuel Enrichment Plant during a news conference with U.S. Defense Secretary Pete Hegseth at the Pentagon on June 26, 2025 in Arlington, Virginia. The Department of Defense top officials gave an update after three Iranian nuclear facilities were struck by the U.S. military last weekend and Iran countered by launching missiles at Al Udeid Air Base in Doha, Qatar. (Photo by Andrew Harnik/Getty Images)

The U.S. Attack on Iran Was Unconstitutional

Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.
Screenshot from Newsom v. Trump hearing in 9th District Court of Appeals (via YouTube)

Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump

"Congress has been far more clear than is widely believed about what its view is..."
Flags of USA and Iran

Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law

Experts who advised a president on use of force answer a full range of basic questions on the conditions under which action against Iran would be lawful, and what options Congress…
Mounted police officers during the No Kings Day protests on June 14, 2025 in Los Angeles, California. Marches and protests are taking place across the nation in opposition to Trump and recent ICE raids targeting immigrants. (Photo by Cristopher Rogel Blanquet/Getty Images)

The “Unwilling or Unable” Test for Sending U.S. Military to American Streets

"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."
Close-up shot of U.S. money and flag

How Trump’s Law Firm Settlements Circumvent Congress and Violate Federal Spending Laws

The Trump administration has operated outside the appropriations process and congressional oversight through its law firm settlements.
US Marine Corps hang barbed wire

U.S. Military Action in Mexico: Almost Certainly Illegal, Definitely Counterproductive

U.S. military action in Mexico would not only be illegal, it would sabotage Trump’s stated immigration policy priorities and could lead to retaliation against Americans.
The US Constitution with a gavel laid on it.

National Security Resilience and Reform: Trump 2.0 and Beyond

Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.
US Capitol building at sunset with moon

Congress Must Heed Koh’s Call to Surface Secret Law

Ensuring that any secret law-making in the executive branch gets disinfecting sunlight is uniquely important because of its potential to give legal cover for overbroad, unaccountable,…
New York cityscape

Why No “Plain Statement Rule” Bars a President’s Prosecution for Murder

Drilling into the foundations of an idea - the 'plain statement rule' - discussed in Supreme Court oral argument on former President Trump's claims to presidential immunity.

Protected Persons and the ‘Geographic Nexus’ Requirement in the DoD Law of War Manual

A critical assessment of how the Department of Defense Law of War Manual narrowly defines "protected persons" under the Geneva Conventions.
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