War Powers

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103 Articles

Trump on North Korea: The Dangerous Impulse to Go it Alone

At Monday’s press briefing, White House Press Secretary Sean Spicer was asked whether President Donald Trump would seek congressional authorization before taking military action…
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The Obama Legal Team and the Lawfulness of Attacking Assad

Editor’s note: This post also appears on Charlie Savage’s blog Power Wars and Lawfare. Several prominent law professors who were formerly members of the Obama national security…
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“Effective” Policy in Syria: Ambassador Robert Ford’s View

I wrote here yesterday in response to a post by Marty Lederman and Ashley Deeks about the recent, much-publicized dissent channel cable signed by 51 US diplomats. While my discussion…
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Another Legal View of the Dissent Channel Cable on Syria

Since Vietnam, East Pakistan, and the Balkans, it has been a time-honored tradition that State Department officials who disagree with official policy may challenge it through the…
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Would airstrikes against Assad be lawful and effective?: Reactions to the State “dissent cable”

Editor’s note: This post also appears on Lawfare. As you have probably read, 51 career foreign service officers in the State Department have written an internal memorandum recommending…
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Power Wars Symposium: Libya and the War Powers Resolution

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency…
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Power Wars Symposium: What Role Should Law Play in Areas of Vital National and International Affairs?

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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The Supreme Court, ISIS, and the War Powers

In the latest issue of the Atlantic, Yale Professor Bruce Ackerman has a provocative essay titled “Can the Supreme Court Force Congress to Own the War on ISIS?” Not…
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One More Thing on Goldsmith & Waxman

There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
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Rejecting the Bush Comparison: A Response to Goldsmith & Waxman

Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
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Security Agreement With Afghanistan Raises Key Questions About How and When War Ends

Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…
The 'Tribute in Light' memorial lights up lower Manhattan near One World Trade Center on September 11, 2018 in New York City.

The Bells of September

This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
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