Matthew Waxman is a law professor at Columbia Law School, where he co-chairs the Program on Law and National Security. He is also co-chair of the Cybersecurity Center at Columbia University’s Data Science Institute, as well as Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations. He previously served in senior policy positions at the State Department, Defense Department, and National Security Council. After graduating from Yale Law School, he clerked for Judge Joel M. Flaum of the U.S. Court of Appeals and Supreme Court Justice David H. Souter
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The United States has one of the world’s strongest and most sophisticated capabilities to launch cyberattacks against adversaries. How does the US Constitution allocate power to use that capability? And what does that allocation tell us about appropriate executive-legislative branch arrangements for setting and implementing cyber strategy?
President Trump’s recent refusals to commit to a peaceful transfer of power have called to mind historical contrasts.
Professor Stephen Griffin (of Tulane) and I have posted to SSRN what we’re calling our free “model casebook chapter” on constitutional war powers.
Eisenhower never initiated a major armed conflict. Still, his administration offers critical insight for modern war powers questions.
Lawfare’s Bobby Chesney and Matt Waxman have launched “The National Security Law Lectures”: a free series of lectures on an array of national security law topics.
On its anniversary, the Montgomery Ward episode is a stark reminder of what unleashing wartime government power over industry has actually looked like.
The outcome of the war—and the means necessary to achieve it—led to the war’s most noteworthy constitutional precedents.