Latest in Congress
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Lowering the Domestic Political Cost of Humanitarian Intervention
I have recently blogged about two issues: whether congressional authorization is required as a constitutional matter for U.S. -
Unthinking Death
The press coverage today of the leaked files concerning the Guantanamo detainees provides a dramatic contrast with public discussions over the operations in Libya. The focus on the detainees is agonizin... -
Historical Practice and the "Intermediate" Position on War Powers
In my discussion earlier this week of some of the problems with relying on historical practice to support a constitutional claim of presidential authority to initiate military operations without congress... -
Historical Practice in the War Powers Debate
We at Duke University are initiating a year-long project in which a number of us will be considering and discussing the relationship between law and custom. In connection with that project, I have star... -
Michael Glennon’s Criticisms of OLC Libya Opinion
Michael Glennon, a longtime critic of presidential war unilateralism, has written a sharp critique of the April 1 OLC Opinion in support of the Libya intervention. The conclusion (footnotes omitted): OL... -
Libya Intervention Update
The United States is still bombing, under NATO command. And Congress, which has not authorized this action, is still dithering. If this pattern continues for another month (or two), the administration ... -
Libya, the War Powers Resolution, and Whether Reversion to a Support Role Counts as "Terminating" U.S. Involvement in Hostilities
OLC’s Libya memorandum (see here for Jack’s assessment, and here for a point-by-point overview) concludes as a matter of constitutional law that President Obama did not need approval from Congress in ord... -
A Point-by-Point Summary of OLC's Libya Memo
Further to Jack's post summarizing the OLC opinion on Libya, here is a point-by-point summary of the document's legal analysis (I agree very much with Jack's take on the implications of all this): 1. -
Office of Legal Counsel Opinion on Libya Intervention
The Justice Department’s Office of Legal Counsel has just published its opinion in support of its view that “the President had constitutional authority, as Commander in Chief and Chief Executive and purs... -
House Armed Services Subcommittee Investigation
The House Armed Services Committee has formally assigned a subcommittee to investigate recidivism and treatment issues related to transfers from Guantanamo. In this letter to Reps. -
Senator Rand Paul’s Impish Amendment
Senator Rand Paul has attached the following Amendment to S. -
The Libya Intervention as Precedent
President Obama’s speech was a full-throated defense of his deployment of U.S.
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