Article II

Latest in Article II

Federal Law Enforcement

Defending Mueller’s Constitutional Analysis on Obstruction and Faithful Execution

The special counsel’s take on whether obstruction of justice can apply to presidential actions facially within Article II authority is consistent with the text, history, structure and principles of the Constitution, as well as the Supreme Court’s case law on the subject.

China

It's a Good Idea, but Congress Can’t Require the U.S. Navy to Make Port Calls in Taiwan

A provision of the NDAA “re-establishing regular ports of call by the U.S. Navy at Kaohsiung, or any other suitable ports in Taiwan and permits U.S. Pacific Command to receive ports of call by Taiwan" would represent a dramatic shift in U.S. Taiwan policy.

War Powers

War Powers and the Su-22 Episode: Third-Party Defense of Coalition Partners

Early Sunday evening, a US Navy F/A-18 Super Hornet shot down a Syrian Air Force Su-22 that had just completed a bombing run targeting US-backed Syrian Democratic Forces (SDF) in the Raqqa region.  The episode raises important questions under the U.N. Charter (see Adil Ahmad Haque’s analysis here).  But what about U.S. domestic law?  

AUMF Reform

Section-by-Section Analysis of Rep. Schiff's AUMF Proposal

Representative Adam Schiff has revived his effort to get Congress to replace the 2001 and 2002 AUMFs with a new “Consolidated AUMF” that would explicitly name the Islamic State. What follows below is a section-by-section analysis of H.J. Res. 100, intended to highlight the key moving parts while also flagging a few issues that deserve further attention should the bill move forward.

Syria

The (Limited) Ground Combat Mission Spreads to Syria

[UPDATE: The Pentagon has released the transcript of a press briefing today, addressing the SOF deployment to Syria among other things.  The DOD official explained that, for now, these operators will not accompany the units they assist when those units go into the field, in contrast to current policy for at least some circumstances in Iraq.

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