War Powers
Eisenhower and War Powers
Matthew Waxman Fri, Sep 18, 2020, 8:01 AM
Eisenhower never initiated a major armed conflict. Still, his administration offers critical insight for modern war powers questions.
Latest in War Powers
War Powers
Congress Has Broad Power to Structure the Military—and It Should Use It
Zachary Price Wed, Sep 2, 2020, 10:31 AM
The Constitution gives Congress a broad, and underappreciated, power to structure the armed forces, assign duties to offices and regulate military chains of command.
War Powers
The Korea War Powers Precedent
Charles A. Stevenson Thu, Jul 23, 2020, 10:52 AM
Seventy years ago, Congress abdicated its power to declare war. Here’s how it happened.
War Powers
We Filed Suit Over Trump’s Missing War Powers Report
Scott R. Anderson, Benjamin Wittes Tue, Jun 9, 2020, 1:05 PM
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.
War Powers
The Deterrent Threat of a Vetoed War Powers Resolution
Patrick Hulme Tue, May 26, 2020, 8:00 AM
While President Trump can decide whether to use force against Iran, Congress has taken steps that may make him unwilling to do so.
War Powers
Remembering the Montgomery Ward Seizure: FDR and War Production Powers
Matthew Waxman, Samuel Weitzman Sat, Apr 25, 2020, 8:33 AM
On its anniversary, the Montgomery Ward episode is a stark reminder of what unleashing wartime government power over industry has actually looked like.
War Powers
The Pentagon’s General Counsel Defends the Legality of the Soleimani Strike
Robert Chesney, Eric Talbot Jensen Wed, Mar 11, 2020, 3:28 PM
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.
War Powers
Why the Trump Administration May End Up in Court Over War Powers Reporting
Scott R. Anderson, Erica Newland Fri, Feb 28, 2020, 12:41 PM
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.
War Powers
What a New Resource Says About the Value of War Powers Reporting
Scott R. Anderson Thu, Feb 27, 2020, 5:15 PM
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.
Documents
White House Releases Report Justifying Soleimani Strike
Elliot Setzer Fri, Feb 14, 2020, 12:17 PM
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.