Latest in War Powers
On Oct. 20, 2020, the Trump administration publicly released the unclassified portion of a long-overdue report on the legal and policy frameworks for the use of military force.
Professor Stephen Griffin (of Tulane) and I have posted to SSRN what we’re calling our free “model casebook chapter” on constitutional war powers.
Eisenhower never initiated a major armed conflict. Still, his administration offers critical insight for modern war powers questions.
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.