Michael J. Glennon

Michael J. Glennon is professor of constitutional and international law at the Fletcher School of Law and Diplomacy, Tufts University. He is former legal counsel to the Senate Foreign Relations Committee and the author of “Constitutional Diplomacy.”

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International Law

Utopian Quibbling: War Powers in the Constitution vs. the U.N. Charter

Is the United Nations Charter law? Frequent violations of the charter and its uncertain impact on state practice, Jack Goldsmith points out in an April 16 post, lead many to wonder whether it really functions as law—but they wonder too much, he suggests. The question whether the charter is law is misleading or meaningless, or both. Uncertainties about the international law of war powers, he writes, differ little from uncertainties about the meaning and efficacy of the constitutional law of war powers.