War Powers
125 Articles
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.
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…
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.
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…
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…
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.
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.
Toward a New Approach to National and Human Security: End Endless War
For nearly 20 years, successive U.S. administrations have adopted a costly war-based approach to national security and counterterrorism policy that has no clear endgame in sight.…
An Incremental Step Toward Stopping Forever War?
If Congress wants to end the forever wars, it will have to start reclaiming the authority it has ceded under the 2001 AUMF. It may be ready to start trying.