Throughout history, presidents and congresses have jockeyed for control over war powers. Article I of the Constitution grants Congress the exclusive authority to declare war, while Article II names the President as “Commander in Chief” of the army, navy and militia. The jockeying reached a watershed moment of congressional assertiveness with the passage of the 1973 War Powers Act. Since then, however, presidential war-making power has been in a state of near-constant expansion—an expansion only accelerated by overseas counterterrorism actions and recent presidential military actions in Libya and Syria.
Latest in War Powers
Professor Stephen Griffin (of Tulane) and I have posted to SSRN what we’re calling our free “model casebook chapter” on constitutional war powers.
Eisenhower never initiated a major armed conflict. Still, his administration offers critical insight for modern war powers questions.
The Constitution gives Congress a broad, and underappreciated, power to structure the armed forces, assign duties to offices and regulate military chains of command.
Seventy years ago, Congress abdicated its power to declare war. Here’s how it happened.
The president has a legal obligation to file a report with Congress on legal authorities connected to ongoing U.S. military operations. He has shirked that duty.
While President Trump can decide whether to use force against Iran, Congress has taken steps that may make him unwilling to do so.
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.
Congress has told the Trump administration that it has to produce a public war powers report by March 1. And if that doesn’t happen, private citizens can now sue over it.
A valuable new database of war powers reports is available for scholars—but absent congressional action, the type of document it is collecting may not be long for this world.