Latest in War Powers

War Powers

The Search for Authorization: Three Eras of the President’s National Security Power

We have released a new paper, forthcoming as a chapter in the Cambridge Companion to the United States Constitution, which takes on the tensions created by these features of American constitutionalism and presidential practice in the national security area.

International Law

The Obama Administration’s Views on the Legality of Intervention in Syria Without Congressional or U.N. Security Council Support

The Obama administration's lawyers concluded that intervention in Syria aganist Assad would be lawful under domestic and international law. But whether they were right may matter less than that Clinton is leading the presidential polls and that her former State Department lawyer has robust views about the president’s power of unilateral humanitarian intervention. 

International Law

The Obama Legal Team and the Lawfulness of Attacking Assad

Prompted by the “dissent memo” signed by 51 career State Department diplomats, several prominent law professors are debating the Obama administration's internal deliberations about the legality of intervention in Syria against Assad. But I don’t think the debate has perfectly reflected what my reporting showed.

2001 AUMF

Mullah Mansour as a "Continuous" Threat: Was the AUMF Strictly Necessary?

The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels.  From an international law perspective, as Marty Lederman explains here, it looks to be another example of action under color of the much-discussed unwilling/unable principle (unless of course there was conse

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.

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