War Powers Resolution

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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…
An early-morning fog wraps around the White House December 14, 2006 in Washington, DC. People take photos from the sidewalk.

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…
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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…
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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,…
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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…
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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…
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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…
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