War Powers

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84 Articles
A person wearing a Panamanian flag steps on a U.S. flag.

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…
A man walks in front of the Supreme Court building at dusk.

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…
US Marine Corps hang barbed wire

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.
Marco Rubio on stage at Trump Rally

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.
The US Constitution with a gavel laid on it.

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.
Members of the Yemeni Coast Guard affiliated with the Houthi group patrol the sea as demonstrators march through the Red Sea port city of Hodeida in solidarity with the people of Gaza on January 4, 2024, amid the ongoing battles between Israel and the militant Hamas group in Gaza.

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…
U.S. Secretary of State Antony Blinken testifies during a House Foreign Affairs Committee hearing on Capitol Hill March 23, 2023 in Washington, DC.

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…
The U.S. Capitol in Washington, D.C.

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…
The U.S. Capitol in Washington, D.C.

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.
STRAIT OF HORMUZ (Aug. 6, 2023) An L3 Harris Arabian Fox MAST-13 unmanned surface vessel, front, the U.S. Coast Guard fast response cutter USCGC Charles Moulthrope (WPC 1141), the dry cargo and ammunition ship USNS Amelia Earhart (T-AKE 6) and the guided-missile destroyer USS Thomas Hudner (DDG 116) transit the Strait of Hormuz, Aug. 6, 2023. (U.S. Navy photo)

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.
An aerial image shows migrants waiting along the border wall to surrender to Border Patrol agents for immigration and asylum claim processing

DeSantis Campaign’s Border Proposal Raises Separation of Powers Concerns

Florida governor and U.S. presidential candidate Ron DeSantis has proposed action that would flout constitutional and statutory limits.
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