Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ...

My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a...

The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay...

First, my thanks to Ben, Jack, and Bobby for permitting me to become an affiliated blogger on this terrific site. We are likely soon to get a test of how seriously Congress takes all of the War Powers R...

Columbia law professor Trevor Morrison has a new essay, posted at SSRN, entitled "Libya, 'Hostilities,' the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation." Among other...

Charles Krauthammer today argues for “a new constitutional understanding, mutually agreed to by both political branches, that translates the war-declaration power into a more modern equivalent.”  I usual...

Politico's Josh Gerstein is reporting: A move by House Republicans to reauthorize the war on terror is unwise because it could foster perceptions that the U.S.

I promised earlier this week to explore the differences between the House and Senate language in their respective versions of the National Defense Authorization Act concerning retrictions on transfers of...

Last Friday I speculated on why Legal Advisor Harold Koh, a leading academic critic of presidential war unilateralism, supported President Obama’s constitutional arguments for the Libya intervention, as ...

The Anti-Libya Bill the House of Representatives will consider is here.  The Bill would cut off all funds for the Libya intervention except for specified support operations.  Unlike the Resolution floate...

I realize that the two Libya Resolutions being considered in the House are more for political than legal effect, but the Resolution that seeks to check the President's Libya intervention is an especially...

Lawfare readers may be interested in reading the two competing resolutions under consideration in the House this week. The first is a resolution requiring the President to withdraw U.S. forces from comb...