The United States—through presidential aggrandizement, as well as congressional delegation and acquiescence—has given the president discretion to use force in ways that can easily lead to a massive war.
Latest in War Powers
The Soleimani strike was likely within the president’s domestic legal authority to pursue. But in certain ways, it may push that authority’s limits.
Sen. Tim Kaine (D-VA) has introduced a Senate resolution under the War Powers Resolution directing "the President to remove United States Armed Forces from hostilities against the Islamic Republic of Iran or any part of its government or military" within 30 days of the enactment of the resolution.
In Iraq, the Trump administration’s military response to a fatal attack on U.S. personnel has triggered a new political crisis. The U.S.-Iraq relationship may not escape unscathed.
The Millard Fillmore administration’s diplomatic machinations toward Hawaii are a curious example of the executive branch regarding itself as constitutionally empowered to threaten war but constrained from unilaterally carrying out that threat.
A new set of essays explores the state and possible trajectory of modern war powers.
If the House of Representatives wished to resurrect the appropriations power as a check on unwanted presidential war-making, how might it go about doing so?
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.
In the course of researching a book, I’ve come across many episodes that Benjamin Wittes and I like to call “Weird War Powers $h*t.” One of my favorites is a story about American constitutional war powers and actual $h*t. It’s a story about very expensive bird-$h*t, or guano, and how one of the 19th century’s most important thinkers on war powers nearly stumbled the nation, figuratively speaking, into a giant pile of it.
Daniel Webster and War Powers
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