In the last few days several smart people have disagreed with my argument in favor of the constitutionality of the Libya intervention.  This is a perennial debate that arises every time the President thr...

Courtesy of the invaluable Secrecy News: No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress Declarations of War and Authorizations for the Use of Military Force: Historical Bac...

Critics are starting to swarm around the Obama administration’s increasingly unintuitive claim – in the sixth day of what the New York Times now describes as “ferocious” air strikes on ground forces, tan...

Charlie Savage reports that the Obama administration’s “legal team appears to be distinguishing between a full war and a more limited military operation, on the theory that the Libyan intervention falls ...

Today President Obama sent this letter to Congress, “as part of [his] efforts to keep the Congress fully informed, consistent with the War Powers Resolution,” about the recent operations in Libya.  After...

I make the case, mostly drawing on arguments previously made on this blog, in Slate.  I also make the obvious point that just because it is lawful does not mean it is a good idea.

The U.S.

It looks like the Obama Administration is planning to deploy some form of U.S.

Michael Stransky’s email led me to reread the questions Charlie Savage asked Senators Obama and Clinton in late 2007.  The question and answers are worth considering in full.  Savage asked: In what circu...

The U.N.

In anticipation of the growing likelihood of some form of U.S.

Bruce Ackerman and Oona Hathaway argue at the Huffington Post that President Obama lacks the constitutional authority to impose a no-fly zone in Libya in the absence of congressional authorization.  Thei...