War Powers
85 Articles
Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.
Upending the International Order: Why Undermining the UN Charter and US Defense Commitments is Self-Defeating
The President should understand that bellicose threats and unreliability as an ally may leave the United States poorer and more vulnerable on his watch and will frustrate his nuclear…
The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar
Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…
U.S. Military Action in Mexico: Almost Certainly Illegal, Definitely Counterproductive
U.S. military action in Mexico would not only be illegal, it would sabotage Trump’s stated immigration policy priorities and could lead to retaliation against Americans.
Questions for Senators (and Journalists) to Ask Secretary of State Nominee Marco Rubio
Experts suggest questions for the Senate Foreign Relations Committee's confirmation hearing for Trump's pick for Secretary of State, Sen. Marco Rubio.
National Security Resilience and Reform: Trump 2.0 and Beyond
Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.
Regional Conflict in the Middle East and the Limitations of the War Powers Resolution
The involvement of U.S. armed forces in hostilities in this tinderbox—without congressional authorization—should spur the legislative branch into action, including to enact…
Key Takeaways from September 28 House Foreign Affairs Committee Hearing on AUMF Reform
The HFAC hearing clarified the shallowness of the Biden administration’s conception of AUMF reform, divisions between the political branches and within the House, and the risks…
Questions for Congress to Ask the Biden Administration at the AUMF Hearing
Congress should seek to determine how the executive branch interprets and relies on the 2001 AUMF and where the administration stands on proposed reforms that have been widely…
Analyzing Previously Undisclosed Use of Force Reports: Challenges of Congressional Oversight of the War on Terror
The executive branch, through noncompliance and defiance, has delayed providing Congress with sufficient information on the war on terror.
How the Expansion of “Self-Defense” Has Undermined Constraints on the Use of Force
Legal Scholar Oona Hathaway examines how expansive U.S. interpretations of "self-defense" have shaped international law.
Renewed Tensions in the Persian Gulf: Further War Powers Lessons from the Tanker War
The possibility of unilateral use of force spiraling into conflict in the Middle East should generate a sense of urgency on Capitol Hill for tackling war powers reform.