War Powers

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War Powers

Remembering the Ludlow Amendment

Few people today have ever heard of the Ludlow Amendment—a radical proposal that would have required a popular referendum before Congress could declare war and which lost a critical House vote on this date in 1938. The proposal was the closest the United States ever came to formally amending the Constitution’s allocation of war powers, and it would have revised them in exactly the opposite direction in which their interpretation has evolved in practice since the amendment’s defeat.

War Powers

NATO and War Powers: Remembering the ‘Great Debate’ of the 1950s

As President Trump goes into this week’s NATO summit complaining about burden-sharing, amid inflamed anxieties at home about presidential powers over foreign relations, it is worth remembering the “Great Debate” of the early 1950s. That dispute pitted President Harry Truman and Secretary of State Dean Acheson against congressional NATO skeptics, and it concerned whether the president could unilaterally deploy four additional U.S. Army divisions to Western Europe.

War Powers

Document: White House Letter of Notice to Congress on Syria Strike

The White House has released the following text of a letter sent to the speaker of the House and president pro tempore of the Senate to serve as notice of military engagement in Syria on April 13, consistent with Section 4(1) of the War Powers Resolution.

Dear Mr. Speaker: (Dear Mr. President:)

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?

War Powers

Toward Transparency of Legal Position and Process and a White House Obligation to Disclose

A White House’s responsibility to explain the legal basis for military actions such as the Syria missile strikes is dangerously undefined. This is not a problem unique to the Trump Administration. Nor do the differences between administrations in the choice, the structure, or timing of transparency fall out exclusively among party lines. What has emerged is a transparency regime shaped largely by broad discretion and perceived political necessity.

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