Professor Stephen Griffin (of Tulane) and I have posted to SSRN what we’re calling our free “model casebook chapter” on constitutional war powers.
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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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.
The Millard Fillmore administration’s diplomatic machinations toward Hawaii are a curious example of the executive branch regarding itself as constitutionally empowered to threaten war but constrained from unilaterally carrying out that threat.