War Powers
125 Articles
“Effective” Policy in Syria: Ambassador Robert Ford’s View
I wrote here yesterday in response to a post by Marty Lederman and Ashley Deeks about the recent, much-publicized dissent channel cable signed by 51 US diplomats. While my discussion…
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…
Would airstrikes against Assad be lawful and effective?: Reactions to the State “dissent cable”
Editor’s note: This post also appears on Lawfare. As you have probably read, 51 career foreign service officers in the State Department have written an internal memorandum recommending…
Power Wars Symposium: Libya and the War Powers Resolution
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency…
Power Wars Symposium: What Role Should Law Play in Areas of Vital National and International Affairs?
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
The Supreme Court, ISIS, and the War Powers
In the latest issue of the Atlantic, Yale Professor Bruce Ackerman has a provocative essay titled “Can the Supreme Court Force Congress to Own the War on ISIS?” Not…
One More Thing on Goldsmith & Waxman
There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
Rejecting the Bush Comparison: A Response to Goldsmith & Waxman
Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
Security Agreement With Afghanistan Raises Key Questions About How and When War Ends
Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…
The Bells of September
This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
The Coming Congressional “Authorization” to Use Force Against ISIL?
Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
The War Powers Clock(s) in Iraq
Jack Goldsmith has a very helpful post up on Lawfare, explaining that the President had issued three separate War Powers notifications to Congress over the past month with respect…