War Powers Resolution: Libya

Posner and Vermeule on OLC and Libya

By Jack Goldsmith
Tuesday, June 28, 2011, 3:58 PM

Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution.  The thrust of their argument, which contrasts sharply with Trevor Morrison’s recent argument, is that “[t]here is no reason that the president — the sole officer of government constitutionally required to ‘take care that the laws be faithfully executed’ — should be bound, even presumptively, by the legal views of those who are, after all, merely his servants.”