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Tag Archives: Ilya Somin

Commentary on Bond

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Tuesday, June 3, 2014 at 10:46 AM

Curt Bradley’s thoughts are at AJIL Unbound, the Volokh Conspiracy has commentary by Nick Rosenkranz and Ilya Somin, and Jean Galbraith and Peter Spiro weigh in at Opinio Juris.

The Senate Draft AUMF for Syria is Narrower Than the Administration’s Draft, But Still Broad In Some Respects

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Wednesday, September 4, 2013 at 5:03 AM

The draft Senate Syria AUMF contains a narrower authorization for the use of presidential force than the one the administration proposed.  But it is in some respects still broad, and it actually enhances the president’s claims of independent constitutional authority to intervene in Syria. Before parsing the draft, a few background points to keep in . . .
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The Administration’s Proposed Syria AUMF Is Very Broad [UPDATE on Ground Troops]

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Sunday, September 1, 2013 at 7:27 AM

If you like this post, please like our Facebook page and follow Lawfare on Twitter: Follow @lawfareblog The administration’s proposed Authorization for the Use of Military Force (AUMF) for Syria provides: (a) Authorization. — The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate . . .
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A Quick Primer on AUMFs

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Sunday, September 1, 2013 at 6:06 AM

Via Ilya Somin at Volokh, I see that the administration has proffered its proposed Authorization for the Use of Military Force (AUMF) for Syria.  Now it is Congress’s turn to decide what proposal(s) it wants to debate and possibly approve.  And it appears that the scope of the authorization will be an issue in Congress. . . .
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Today’s Senate Judiciary Subcommittee Hearing on the Targeted Killing Program

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Tuesday, April 23, 2013 at 3:08 PM

As Greg McNeal noted, the Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights is holding a hearing this afternoon on the targeted killing program entitled “Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killing.” Members of the Senate Judiciary Committee were recently all allowed access to the Office of Legal . . .
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How To Declare War (Anno Domini, 1429)

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Friday, March 22, 2013 at 10:00 AM

Jhesus-Maria, King of England, and you, Duke of Bedford, who call yourself regent of the Kingdom of France, you, Guillaume de la Poule, count of Suffort, Jean, sire of Talbot, and you, Thomas, sire of Scales, who call yourselves lieutenants of the Duke of Bedford, acknowledge the summons of the King of Heaven.  Render to . . .
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Still More Drone Commentary – Anthony Clark Arend on Judicial Oversight of Drones

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Sunday, February 10, 2013 at 1:59 PM

Georgetown professor Anthony Clark Arend – old friend to many of us at Lawfare – has a new short post on whether judicial oversight of drones would be a good idea – or constitutional.  He is skeptical on both counts (this can be added to the list that Jack gave us earlier of commentary on . . .
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More Interesting Commentary on Targeted Killing White Paper

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Sunday, February 10, 2013 at 7:14 AM

Noah Feldman has a piece entitled Obama’s Drone Attack on Your Due Process, which concludes: The white paper should have said that due process doesn’t apply on the battlefield. By instead making due process into a rubber stamp, the administration is ignoring precedent and subverting the idea of the rule of law. When is some . . .
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Bond v. United States and the Treaty Power Debate

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Sunday, January 27, 2013 at 10:40 PM

The Supreme Court recently agreed to hear an important case concerning the government’s foreign affairs powers, Bond v. United States.  That case, which involves a criminal prosecution under the Chemical Weapons Convention Implementation Act, raises fundamental issues about the relationship between the government’s authority to enter into treaties and constitutional principles of federalism.  I wrote . . .
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Problems with the Obama Administration’s War Powers Resolution Theory

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Thursday, June 16, 2011 at 8:38 AM

In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution.  A later post will consider the broader significance of the arguments. Here is the administration’s formal explanation of its compliance with the WPR: The President is of the view that the current U.S. military operations in Libya are consistent with . . .
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