War Powers
89 Articles

The U.S. Attack on Iran Was Unconstitutional
Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.

The Trump Administration’s Flawed War Powers Report on Iran and the Need for a Congressional Rebuttal
The White House’s legal justifications for attacking Iran are unconvincing and raise concerns about unauthorized use of force. Congress should push back.

The Day After U.S. Strikes on Iran’s Nuclear Program: A Policy and Legal Assessment
An expert policy and legal assessment of the U.S. strikes on Iran's nuclear facilities and what comes next.

Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law
Experts who advised a president on use of force answer a full range of basic questions on the conditions under which action against Iran would be lawful, and what options Congress…

What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A
It is essential to understand the line between war and peace, scrutinize the application of wartime powers, and interrogate the president’s assertions when he triggers them.

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…