War Powers

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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…
Trucks carry troops along a dirt road. They carry guns.

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…
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

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…
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

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.
Senate Committee on Foreign Relations Ranking Member Bob Menendez (D-NJ) speaks during at a Senate Committee on Foreign Relations hearing on US Policy in the Middle East on Capitol Hill on September 24, 2020 in Washington, DC.

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.
Senator Chris Murphy (D-CT), flanked by Senators Bernie Sanders (I-VT) and Mike Lee (R-UT), speaks after the Senate voted to withdraw support for Saudi Arabia's war in Yemen, in the Senate TV studio at the US Capitol in Washington, DC on December 13, 2018.

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…
Flags of USA and Iran

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…
Sen. Ron Johnson, R-Wis., talks with Sen. Mitt Romney, R-Utah, during a hearing with Zalmay Khalilzad, special envoy for Afghanistan Reconciliation, at the Senate Foreign Relations Committee on Capitol Hill on April 27, 2021 in Washington, DC. They do no wear face masks despite the pandemic.

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.
A Yemeni child standing under a damaged building looks out of a missing wall at buildings that were heavily damaged in an air strike in the southern Yemeni city of Taez.

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…
Pentagon Press Secretary John F. Kirby stands behind a podium as he briefs the press at the Pentagon, Washington, D.C., Feb. 8, 2021.

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.
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