War Powers
103 Articles
Take Back: How Congress Can Reclaim Its Power
Early in the Clinton administration, I served on the National Security Council staff when former Rep. Howard Berman, a California Democrat, called me one day to tell me that the…
Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now
Attorney General Barr’s extreme past positions on unilateral presidential power could cut out any required role for Congress in authorizing or rejecting war. Here's what Congress…
The Limited War Powers Precedent of the Korean “Police Action”
In a recent piece in the Washington Post, Professor Mary Dudziak drew attention to the Executive Branch’s continued reliance upon President Truman’s police action on the Korean…
The Senate Strikes Back: Checking Trump’s Foreign Policy
Though the Senate vote on cessation of military assistance for the Saudi War in Yemen will have no practical effect – the House of Representatives will not take up the matter…
U.S. Military’s “Collective Self-Defense” of Non-State Partner Forces: What Does International Law Say?
Earlier this month, Senator Tim Kaine made public a letter he wrote to Secretary of Defense Jim Mattis asking for clarification on the meaning of “collective self-defense of…
Post-9/11 Generation Reaches Enlistment Age in Unmoored ‘War on Terror’
Human Rights First International Legal Counsel Rita Siemion says it's long past time to ensure that war-based authorities are used only when specifically authorized by Congress…
U.S. “Confronting” Iran inside Syria: Spoiling for an Unlawful Fight?
Russian President Vladimir Putin and Iranian President Hassan Rouhani meet during the BRICS/SCO Summits – Russia 2015 on July 09, 2015 in Ufa, Russia. (Photo by Alexey Filippov/Host…
“Congressional Authorizations on Use of Force,” by Defense Dep’t Principal Deputy General Counsel William Castle (Full Text)
On Monday evening, William S. Castle, the Pentagon’s top lawyer, gave a speech entitled, “Congressional Authorizations on Use of Force?,” at the New York City Bar Association.…
Congress’s 2001 AUMF as Legal Basis for US Shootdown of Syrian Jet
It is not that much of a stretch to say that Congress’s 2001 Authorization for Use of Military Force (AUMF) provides a legal basis for the U.S. shootdown of a Syrian jet,…
About that “Deconfliction Zone” in Syria: Is the United States on Firm Domestic and International Legal Footing?
The U.S. military has at least three times in recent weeks engaged in hostilities against pro-Syrian regime forces near the At Tanf garrison in southern Syria and shot down a pro-regime…
On N. Korea: Calling on Congress and the President’s Advisers to Defend the Constitution
For those of us who had hoped Defense Secretary Jim Mattis and Lt. Gen. H. R. McMaster, the president’s national security advisor, would make up for the inexperience and curb…
The Fog of War Powers
In the aftermath of President Trump’s strike on a Syrian airfield, commentators continue to debate the scope of presidential war powers under the Constitution. Yet many of…