War Powers Resolution
58 Articles
The Legality of U.S. Support for the Saudi-Led Campaign in Yemen
Yesterday, Senator Bernie Sanders (D-Vt.) introduced a joint resolution calling for the removal of U.S. armed forces from unauthorized active hostilities in Yemen. Shortly after,…
Congress’s 2001 AUMF as Legal Basis for US Shootdown of Syrian Jet
It is not that much of a stretch to say that Congress’s 2001 Authorization for Use of Military Force (AUMF) provides a legal basis for the U.S. shootdown of a Syrian jet,…
About that “Deconfliction Zone” in Syria: Is the United States on Firm Domestic and International Legal Footing?
The U.S. military has at least three times in recent weeks engaged in hostilities against pro-Syrian regime forces near the At Tanf garrison in southern Syria and shot down a pro-regime…
On N. Korea: Calling on Congress and the President’s Advisers to Defend the Constitution
For those of us who had hoped Defense Secretary Jim Mattis and Lt. Gen. H. R. McMaster, the president’s national security advisor, would make up for the inexperience and curb…
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…
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…
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,…
The Obama Legal Team and the Lawfulness of Attacking Assad
Editor’s note: This post also appears on Charlie Savage’s blog Power Wars and Lawfare. Several prominent law professors who were formerly members of the Obama national security…
Another Legal View of the Dissent Channel Cable on Syria
Since Vietnam, East Pakistan, and the Balkans, it has been a time-honored tradition that State Department officials who disagree with official policy may challenge it through the…
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…