War Powers
White House Releases Annual Report and Notice Concerning Legal and Policy Frameworks for War Powers
Tia Sewell Tue, Apr 6, 2021, 11:04 AM
On April 4, the Biden administration released the
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War Powers
Trump Administration Releases Overdue War Powers Report in Response to Lawsuit
Scott R. Anderson, Benjamin Wittes Tue, Oct 20, 2020, 9:29 PM
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.
War Powers
Remembering the Montgomery Ward Seizure: FDR and War Production Powers
Matthew Waxman, Samuel Weitzman Sat, Apr 25, 2020, 8:33 AM
On its anniversary, the Montgomery Ward episode is a stark reminder of what unleashing wartime government power over industry has actually looked like.
War Powers
The Pentagon’s General Counsel Defends the Legality of the Soleimani Strike
Robert Chesney, Eric Talbot Jensen Wed, Mar 11, 2020, 3:28 PM
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.
War Powers
Sen. Menendez Comments on Iran Resolution and War Powers
Scott R. Anderson Tue, Feb 25, 2020, 3:37 PM
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.
War Powers
The Mexican-American War and Constitutional War Powers
Matthew Waxman Sun, Feb 2, 2020, 11:00 AM
The outcome of the war—and the means necessary to achieve it—led to the war’s most noteworthy constitutional precedents.
War Powers
Rep. Slotkin Introduces War Powers Resolution
Hannah Kris Wed, Jan 8, 2020, 4:30 PM
Rep.
War Powers
Did the President Have the Domestic Legal Authority to Kill Qassem Soleimani?
Scott R. Anderson Fri, Jan 3, 2020, 4:49 PM
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.
War Powers
The Tyler Doctrine and War Powers
Matthew Waxman Mon, Dec 30, 2019, 9:00 AM
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.
War Powers
Remembering the Bay of Pigs: Law and Covert War
Matthew Waxman Tue, Apr 16, 2019, 8:00 AM
Tomorrow is an ignominious anniversary. On that date in 1961, about 1,400 American-trained Cuban exiles launched a secret invasion of Cuba in an effort to overthrow the Fidel Castro regime. After landing on the island’s southern coast at the Bay of Pigs, the invading guerrillas were routed by government forces. The humiliating disaster gave rise to a rare, publicly available Justice Department analysis of presidential power to wage covert war.