Most of the legal discussion about Libya intervention has focused in recent weeks on the War Powers Resolution.  But the constitutional issue of the President’s power to order the intervention without co...

Bruce Ackerman has responded on Balkinization to Trevor Morrison’s review of Ackerman’s book The Decline and Fall of the American Republic.  Ackerman’s opening paragraphs explain his post and have all th...

According to ABC News and the New York Times, House Speaker John Boehner today will call for a vote on two resolutions regarding the use of force in Libya - one sponsored by Rep. Denis Kucinich, and the ...

The administration just issued a Statement of Administration Policy on a DHS appropriations bill (H.R. 2017), which contains a spending restriction similar to one of the Guantanamo transfer restrictions ...

Earlier today I noted a couple of scenarios in which the US government might want detention authority yet face obstacles in relying on the original AUMF should we have withdrawn in the interim from Afgha...

For the record, the Buchanan Amendment is a bad idea, and I hope that it dies in conference.  In addition to being constitutionally vulnerable in at least some applications (Milligan anyone?), and hamhan...

Here are five quick thoughts about the legislative tussling over the AUMF and detention policy following yesterday's House vote to pass the NDAA and its provisions on the subject. First, if it was not c...

Unbeknownst to me, the NDAA as passed by the House of Representatives yesterday contains new--and very bad--provision mandating military commission trials for terrorist suspects. Added on the floor throu...

The debate regarding AUMF renewal via section 1034 of the NDAA FY12 is about much more than detention authority, but of course it does impact detention authority in various ways.  As to that issue, Debor...

As Raffaela notes below, the NDAA FY12 passed the House yesterday with the AUMF provision, section 1034, intact.  The action now moves on the Senate, and beyond that we have the prospect of negotiations ...

The House has passed the National Defense Authorization Act, in a 322-96 vote. Ninety-five Democrats voted with Republicans to pass the bill, while six Republicans voted against final passage. Rep. Just...

I have received two interesting responses to my post from last night suggesting tweaks to the AUMF reauthorization language.