Posner and Vermeule on OLC and Libya
Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution. The thrust of their argument, which contrasts sharply with Trevor Morrison’s recent argument, is that “[t]here is no reason that the president — the sole officer of government constitutionally required to ‘take care that the laws be faithfully executed’ — should be bound, even presumptively, by the legal views of those who ar
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Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution. The thrust of their argument, which contrasts sharply with Trevor Morrison’s recent argument, is that “[t]here is no reason that the president — the sole officer of government constitutionally required to ‘take care that the laws be faithfully executed’ — should be bound, even presumptively, by the legal views of those who are, after all, merely his servants.”
Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
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