Trump's airstrikes in Syria represent unilateral presidential war initiation, and the Founders would have unanimously held that the action was unconstitutional.
Latest in War Powers
The origins and implications of the legal basis for the Syria strike.
What legal authority for the use of force will President Trump assert for the missile attack against Syrian forces under domestic and international law?
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.
In 1917, Charles Evans Hughes declared that the “power to wage war is the power to wage war successfully.” Here’s what he meant, and why we should care today.
Captain Smith’s brief opposing the Government’s Motion to Dismiss.
President's Obama's light-footprint warfare has established precedents that will leave a remarkable legal legacy of presidential power to use military force that poses a distinctive challenge to U.S. democracy and military strategy going forward.
The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS.
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.
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.