If the House of Representatives wished to resurrect the appropriations power as a check on unwanted presidential war-making, how might it go about doing so?
Michael J. Glennon is a law professor at the Fletcher School of Law and Diplomacy, Tufts University. He is a former legal counsel to the Senate Foreign Relations Committee and the author of “Constitutional Diplomacy.”
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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.