Latest in AUMF

War Powers

The ISIS Lawsuit and the Perverse Effects of National Security Litigation

These kinds of advocacy lawsuits against the President in the national security arena often have perverse effects on the resulting law. The intent is generally to force constraints onto the executive branch, but the further along this lawsuit gets, the greater the risk it will result in less, rather than more, accountability and constraint on the Executive’s power.

War Powers

Do the Strikes on al Shabaab Stretch the AUMF or The Unit Self-defense Doctrine?

Charlie Savage’s piece on the legal basis for the March 5 U.S. strike against an al Shabaab training camp, which allegedly killed 150 fighters, raises the intriguing question of whether the AUMF has been stretched yet again, this time to justify U.S. operations against al Shabaab as a whole. 

ISIS

British Parliament (Unlike the U.S. Congress) Actually Votes on Use of Force in Syria

British Parliament voted late Wednesday evening to participate in the bombing campaign in Syria against the Islamic State. The U.K. appears to be embracing a regime of legislative approval for war, as the U.S. appears to be turning away from Congressional approval for the use of armed force.

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