Eisenhower never initiated a major armed conflict. Still, his administration offers critical insight for modern war powers questions.
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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.
The White House has sent a notice to Congress outlining its legal and policy justifications for the Jan. 2 airstrike that killed Iranian Maj. Gen. Qassem Soleimani. This disclosure is a legally mandated reporting requirement introduced through Section 1264 of the 2018 National Defense Authorization Act, a measure intended to increase transparency in U.S. national security policy.