Presidential Powers
78 Articles
U.S.-Russia Military Coop: Sec. Mattis Doesn’t Need Congress’ Permission, But Congress Has Control Options
"Some misunderstanding persists about the scope of the statutory prohibition on bilateral military-to-military cooperation with Russia, the relatively straightforward requirements…
When the President is At War with the Presidency: Implications for Presidential Authority from Trump v. Hawaii
What is the relationship between the person of the president and the office of the presidency? That question lies at the crux of Trump v. Hawaii, though it remains largely unaddressed…
Concerning the Congressional Prohibition on U.S.-Russia Bilateral Military Cooperation
[Editor’s Note from Ryan Goodman: On Thursday, I wrote about a provision of the National Defense Authorization Act, which stipulates that no funds may be “used for…
Does a Years’ Old Congressional Statute Prevent a Trump-Putin Agreement for Military Cooperation?
"Pentagon officials may feel a sense of security that the congressional statute forecloses certain options. But does it?"
President Trump’s Stain on Brett Kavanaugh and How to Remove It
A debate has erupted over Judge Brett Kavanaugh’s views on legal issues which could arise out of the pending investigations of the man who has nominated him for the Supreme Court,…
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…