War Powers

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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.
Side view of the US Capitol Building, with a cloudy blue sky in the background

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.
U.S. Special Operations Commander Gen. Bryan Fenton, Assistant Defense Secretary for Special Operations Christopher Maier and Gen. Paul Nakasone, commander of U.S. Cyber Command and director of the National Security Agency, sit in at tables to testify before the Senate Armed Services Committee.

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.
President Biden and Saudi Crown Prince Salman stand next to each other.

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.
CAMP SHORAB, AFGHANISTAN - SEPTEMBER 11: A U.S. Army helicopter flies outside of Camp Shorab on a flight to Camp Post on September 11, 2017 in Helmand Province, Afghanistan. About 300 marines are currently deployed in Helmand Province in a train, advise, and assist role supporting local Afghan security forces. Currently the United States has about 11,000 troops in the deployed in Afghanistan, with a reported 4,000 more expected to arrive in the coming weeks. Last month, President Donald Trump announced his plan for Afghanistan which called for an increase in troop numbers and a new conditions-based approach to the war, getting rid of a timetable for the withdrawal of American forces in the country. (Photo by Andrew Renneisen/Getty Images)

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…
U.S. Soldiers of the 663rd Ordnance Company, 242nd Ordnance Battalion, drive military vehicles to the explosives range at Al Asad Air Base, Iraq, Nov. 29, 2019. The Explosive Ordnance Disposal Soldiers utilize these ranges to provide controlled disposal of explosive Ordnance. The Coalition is in Iraq by invitation of, and operates in close coordination with, the Government of Iraq. (U.S. Army photo by Spc. Derek Mustard)

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…
A US army battle tank drives with other infantry-fighting vehicles across dunes.

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,…
A line of US soldiers walk in the countryside of the town of al-Malikiya in Syria.

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…
Image: A group of about 12 men, all wearing white cowboy hats, sit around a conference table. Texas Governor Greg Abbott sits at the end of the table, speaking, in front of the seal of the state of Texas and flanked by American and Texas flags. AUSTIN, TX - JULY 10: Texas Gov. Greg Abbott speaks during a border security briefing with sheriffs from border communities at the Texas State Capitol on July 10, 2021 in Austin, Texas. (Photo by Tamir Kalifa/Getty Images)

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.
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