War Powers

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ARLINGTON, VIRGINIA - JUNE 26: Chairman of the Joint Chiefs of Staff Air Force Gen. Dan Caine turns to watch a video of a bombing test of the GBU-57A/B Massive Ordnance Penetrator (MOP) used in the attack on the Iranian Fordow Fuel Enrichment Plant during a news conference with U.S. Defense Secretary Pete Hegseth at the Pentagon on June 26, 2025 in Arlington, Virginia. The Department of Defense top officials gave an update after three Iranian nuclear facilities were struck by the U.S. military last weekend and Iran countered by launching missiles at Al Udeid Air Base in Doha, Qatar. (Photo by Andrew Harnik/Getty Images)

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 U.S. Capitol building is seen at sunset on March 1, 2022 in Washington, DC. (Photo by Samuel Corum/Getty Images)

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.
Chairman of the Joint Chiefs of Staff Air Force Gen. Dan Caine discusses the mission details of a strike on Iran during a news conference at the Pentagon on June 22, 2025 in Arlington, Virginia. U.S. President Donald Trump gave an address to the nation last night after three Iranian nuclear facilities were struck by the U.S. military. In the image he is showing the media a graphic that describes the timeline of the operation. (Photo by Andrew Harnik/Getty Images)

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.
Flags of USA and Iran

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…
Secretary Noem posts an Instagram reel on April 8, 2025 with the text message: "Human traffickers. Drug Smugglers. 18th Street Gang members. Spent the morning in Phoenix with our brave @icegov and Arizona law enforcement arresting these dirtbags and getting them off of our streets."

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.
An American flag behind a judges bench in a courtroom

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.
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…
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