On this day in 1918, the Supreme Court unanimously upheld the constitutionality of a national draft. That ruling illustrates how military powers in the Constitution have continuously adapted throughout American history to changes in warfare.
Latest in War Powers
On April 4, the Biden administration released the
On Oct. 20, 2020, the Trump administration publicly released the unclassified portion of a long-overdue report on the legal and policy frameworks for the use of military force.
On its anniversary, the Montgomery Ward episode is a stark reminder of what unleashing wartime government power over industry has actually looked like.
Speaking at Brigham Young University, Defense Department General Counsel Paul Nye offered the most-detailed defense we have yet seen of the Soleimani airstrike, addressing both international and domestic law as well as the underlying facts.
Yesterday, Democratic Sen. Bob Menendez, the ranking member of the Senate Foreign Relations Committee, introduced a notable statement into the congressional record relating to S.J. Res. 68, the joint resolution on the use of military force against Iran that the Senate passed 55-45 on Feb. 13, 2020.
The outcome of the war—and the means necessary to achieve it—led to the war’s most noteworthy constitutional precedents.
The Soleimani strike was likely within the president’s domestic legal authority to pursue. But in certain ways, it may push that authority’s limits.
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.