War Powers

Recent moves and countermoves by the U.S. and Iran in the Persian Gulf over the past few months have increased speculation about the prospect of war in the region. Some members of Congress, including a few Republicans, have stated that the president cannot use military force against the Islamic Republic without the approval of the legislature.

On this date in 1854, the U.S. Navy bombarded and torched the town of Greytown, in present-day Nicaragua. The event gave rise to a federal court opinion by Justice Samuel Nelson favored by modern-day lawyers who believe that the president wields vast unilateral power to use military force. The story behind the case reveals much more about how presidential naval powers, as well as congressional checks, operated in the mid-19th century.

Durand v. Hollins

For the past two months, the Middle East has teetered on the edge of war. Tensions over the U.S. “maximum pressure” campaign have led Iran to target maritime shipping in the Persian Gulf, launch rockets on U.S.

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.