War Powers
97 Articles

Ukraine and War Powers: A Legal Explainer
Top expert discusses whether arms and other military assistance to Ukraine would make US party to the conflict, what triggers War Powers Resolution, and role of NATO Article V.

2022 Update: Good Governance Paper No. 14: War Powers Reform
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

Time for the Biden Administration to Disavow the Dangerous Soleimani Legal Opinions
The legal opinions' fundamental error: distorting accepted legal framework to fit inapposite facts. Still on the book, the opinions remain a loaded weapon for another president…

Failure to Warn: War Powers Reporting and the “War on Terror” in Africa
How prior administrations failed to tell Congress about special forces engaged in combat operations in Cameroon, Niger, Somalia, Tunisia, and what it means for War Powers and AUMF…

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It
We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…

Crossing Back Over: Time to Reform Legal Culture and Legal Practice of the “War on Terror”
As the conflict has grown and changed, responsibility for these changes has too often been thrust on the shoulders of executive lawyers.

Questions for Senators to Ask the Biden Administration at AUMF Hearing
Former State Department lawyer who knows all the ins and outs of authorizations for use of military force offers up questions for Congress to ask witnesses on Tuesday.

A Giant Step Forward for War Powers Reform
The bipartisan National Security Powers Act is a bold set of necessary and mutually reinforcing war powers reforms that would finally reset the balance of power between the political…

War Powers Guard Rails Can Keep the U.S. From Sliding into a New Middle East War
"Because so much power has accreted in the executive branch when it comes to matters of war and peace, the risk of stumbling into a new Middle East War for insufficiently examined…

Five Senators Threaten to Derail Repeal of 2002 AUMF: Why Their Timing and Claims Are Wrong
A dissection of the 5 Senators' letter to the Senate Foreign Relations Committee Chair.

Legally Sliding into War
"We need to grapple with the legal mechanisms through which presidential administration after administration has legally justified escalating, elongating, and expanding conflicts…

Knowns and Unknowns of US Syria Strike: Looming Int’l and Domestic Law Issues
Key legal questions that remain unanswered about the legality of the Syria strike under domestic and international law.