War Powers
97 Articles

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.

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.

Recovering a Role for the Courts in Decisions to Wage War: How Congress Can Overcome the Political Question Doctrine (Some of the Time)
Congress should consider when and how the laws it enacts will be enforced and take steps to empower members of Congress to effectively challenge illegal wars in court.

Congress Should Limit, Not Expand, Irregular Warfare Authority
Section 1202 of the NDAA is an overbroad authority that risks widening the aperture for U.S. forces to engage in and direct combat in unauthorized, foreign wars.

A Long-Forgotten Law Could Force the U.S. to Re-Evaluate its Relationship with Saudi Arabia
Section 502B(c) is a potent tool to accelerate congressional oversight of support to countries with concerning human rights records.

Policy Alert: Iran-U.S. Hostilities Ratcheting Up in Syria
Tensions between Iran and the United States are escalating again following tit-for-tat hostilities in Syria.

Opaque Transparency on the Use of Force: Observations on the 2022 “1264” Report
The 2022 report illustrates the limits of congressionally mandated reporting requirements on matters of war and peace and the need for Congress to be more proactive in informing…

Missed Opportunities and Minor Progress: The FY 2023 National Defense Bill and War Powers
One big disappointing omission and otherwise a mixed bag from the standpoint of winding down the United States’ forever wars -- despite leaders of both parties having proclaimed…

How Support to Partner Forces Enables Secret War
With security cooperation as a means of pursuing U.S. military objectives becoming more frequent, Department of Defense-led security cooperation, particularly under §§ 333, 127e,…

Tit-for-Tat Hostilities In Syria: War Powers and International Law Implications
The Biden administration's latest war powers report to Congress and letter to the UN Security Council raise questions about the domestic and international legal basis for hostilities…

Top Experts Raise Questions Regarding Legal Basis of Zawahiri Strike
A note from co-editors-in-chief Tess Bridgeman and Ryan Goodman: Although Just Security is on hiatus this week, we wanted to be sure to examine and reflect on the U.S. airstrike…

The Biden Administration’s Options for Responding to Abbott’s Unconstitutional Border Enforcement Executive Order
The Texas governor has invoked war powers to respond to migrant arrivals at the border - potentially usurping federal prerogatives.