A judicial decision on the merits will likely deaden, not enliven, separation of powers between the President and Congress.
Latest in War Powers
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.
These days, when the United States plays the lead role in using lethal force or detaining and interrogating prisoners, the force typically involves only airpower and detention-and-interrogation typically are just transient. This has the effect of tamping down the political, legal, and diplomatic headaches that follow from using boots-on-the-ground to conduct raids and from holding detainees for the long term. But these are not the only means by which to tamp down those frictions.
Senate Majority Leader Mitch McConnell, along with four other Republican co-sponsors, introduced a broad Authorization for the Use of Military Force against the Islamic State of Iraq and Syria.
President Obama has sent 39 letters to Congress “consistent with” the War Powers Resolution requirements. The letters are a fascinating read and provide a 30,000-foot view of the Administration’s use of military force abroad.
The funding to continue the war against ISIL is an authorization of force against ISIL, albeit a quiet one, designed not to attract attention.
Have Presidents Denied the Constitutionality of the War Powers Resolution? Savage and Griffin Debate the Question
Just a quick note to draw attention to an interesting debate under way between Charlie Savage of the New York Times (and author of Power Wars) and Steve Griffin of Tulane (and author of
HASC releases its report on Bowe Bergdahl as NPR's Serial launches second season on former Taliban prisoner.
The Forever War, far from ending anytime soon, has expanded, matured, normalized, and become entrenched.
Few things have been more emblematic of the military and, indeed, political aspects of the Obama War Powers legacy than drones. As many have noted, the use of this weapons system has vastly increased during the Obama Administration, particularly in areas outside of active combat zones directly involving U.S. forces.