War Powers

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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.
Speaker of the House Nancy Pelosi (D-CA) sits with U.S. President-elect Joe Biden during a meeting that included Vice President-elect Kamala Harris and Senate Democratic Leader Chuck Schumer (D-NY) (not shown) at the Queen Theater on November 20, 2020 in Wilmington, Delaware. They sit at a large horse-shoe or square table allowing ample room for social distancing. An American flag stands behind the table near President-elect Biden.

Principles for a 2021 Authorization for Use of Military Force

The Biden administration and new Congress have an opportunity to fundamentally rethink the congressional authorization of military force against terrorist groups. Here are seven…
A satellite image of the site of the Feb 2021 US airstrike in Syria.

Legal Questions (and Some Answers) Concerning the U.S. Military Strike in Syria

Unpacking the right of self-defense under international law when it comes to use of force in response to a series of attacks.
Side-by-side photos of Biden and Trump

Trump’s War Powers Legacy and Questions for Biden

Will Biden rein in near-limitless claims of presidential authority to use force without congressional authorization and commit to restoring the balance of war powers between the…
A U.S. Air Force MQ-1B Predator unmanned aerial vehicle (UAV), awaits a mission at an air base in the Persian Gulf region on January 7, 2016.

To End the Forever Wars, Rein in the Drones

In drawing down the U.S. conventional military footprint, policymakers should resist relying reflexively on drone strikes in its place. Biden has a unique opportunity to chart…
A RIM-7 NATO Sea Sparrow Missile (NSSM) is fired from the forward launcher aboard Wasp-class amphibious assault ship USS Essex (LHD 2) during a live-fire exercise.

Revisiting the Office of Legal Counsel’s Override Opinion

A critical analysis of 1989 OLC Opinion that would allow President to use force in violation of UN Charter and without Congressional support.
A piece of parchment reading, "The Good Governance Papers - A Collection of Essays - Written in favor of the Constitution and Rule of Law - As written upon by Just Security - Fall 2020"

Good Governance Paper No. 14: War Powers Reform

Essay in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.
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