War Powers
97 Articles
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…
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…
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…
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.”…
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 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…
The Coming Congressional “Authorization” to Use Force Against ISIL?
Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
The War Powers Clock(s) in Iraq
Jack Goldsmith has a very helpful post up on Lawfare, explaining that the President had issued three separate War Powers notifications to Congress over the past month with respect…
Does the Administration consider the War Powers Resolution applicable in Iraq?
Some might think a recent report in the Washington Post provides significant information on the administration’s views on the applicability of the War Powers Resolution (WPR)…
Presidential Authority to Conclude an Iran Nuclear Agreement—and the Senate’s Self-Defeating Bill
The prospect of a successful conclusion to the ongoing negotiations with Iran over a nuclear deal promises to generate a debate over fundamental constitutional questions about…
Syria and the Law of Humanitarian Intervention (Part III – A Reply)
My recent two-part essay on Syria, posted on this blog, made both a policy claim and a legal claim. My policy claim was that despite undeniable political miscues, President Obama’s…
Syria and the Law of Humanitarian Intervention (Part II: International Law and the Way Forward)
My first post for Just Security explained why, despite some bungled politics, President Obama’s proposed military action in Syria could have been lawful under U.S. domestic law.…