Presidential Powers
73 Articles
Will Trump Administration Claim Congress Authorized Force against Iran?–Analysis of Existing Statutory Authority and New Proposals
Could recent Trump administration comments indicate an attempt to justify war on grounds beyond Iran’s nuclear program? If so, would the administration be able to make a serious…
Trump’s Escalating Assault on the Justice Department: Time to Review Dershowitz’s Defense of Unreviewable Presidential Control of Federal Law Enforcement
President Trump has taken a dramatic turn in his push against the Justice Department. His approach his built on a theory that Alan Dershowitz defends on television. But when Dershowitz…
Don’t Let Trump Hide Behind the Constitution in Ending DACA
On Tuesday, the Trump administration formally announced its decision to end one of President Obama’s signature immigration accomplishments—the Deferred Action for Childhood…
The Test Case for Presidential War Power: North Korea and Trump
My friend Marty Lederman has a characteristically useful post up about one of many important legal questions surrounding options in the current stand-off between the United States…
No, the President Cannot Strike North Korea Without Congressional Approval
A CNN story on Wednesday asks: “Can the President launch a military strike on his own [on North Korea]?”–i.e., without further congressional authorization?…
The Troubled Status of Russian Sanctions Legislation—with the President’s Signing Statement Attached
[This article was first published on Aug. 3, 2017 at 9:55am ET and updated on Aug. 4, 2017 at 7:10am ET] Just yesterday, an unhappy President Donald Trump signed H.R. 3364, America’s…
The Fog of War Powers
In the aftermath of President Trump’s strike on a Syrian airfield, commentators continue to debate the scope of presidential war powers under the Constitution. Yet many of…
Trump on North Korea: The Dangerous Impulse to Go it Alone
At Monday’s press briefing, White House Press Secretary Sean Spicer was asked whether President Donald Trump would seek congressional authorization before taking military action…
Apples and Oranges–Obama’s and Trump’s Plans to Strike Syria for Chem Weapons Use
One of the most important policy and legal questions moving forward is whether the Trump administration needs to seek congressional approval for military strikes in response to…
What Do Top Legal Experts Say About the Syria Strikes?
I asked several of the very top legal minds about their views concerning Thursday night’s airstrikes by the United States in response to the Syrian government’s reported…
Syria and the Law of Humanitarian Intervention (Part III – A Reply)
My recent two-part essay on Syria, posted on this blog, made both a policy claim and a legal claim. My policy claim was that despite undeniable political miscues, President Obama’s…
Syria and the Law of Humanitarian Intervention (Part II: International Law and the Way Forward)
My first post for Just Security explained why, despite some bungled politics, President Obama’s proposed military action in Syria could have been lawful under U.S. domestic law.…