While everyone has been focused on Libya war powers over the last few days, the DC Circuit issued an interesting opinion on Tuesday in an Alien Tort Statute suit (Ali Shafi v.

Rick Pildes has a very thoughtful post at Balkinization on the constitutional politics of the War Powers Resolution, the difficulties Congress faces in responsibly controlling executive discretion to mak...

My analysis of the War Powers Resolution yesterday assumed, based on Charlie Savage’s story, that the only kinetic fire that U.S.

Josh Rogin at The Cable reports that Senators Kerry and Lugar agree that there should be a Senate Foreign Relations Committee hearing on WPR compliance in relation to Libya. So many interesting possibili...

Three somewhat broader thoughts in addition to this morning’s analysis: 1.

I had thought that the WPR debate in regards to Libya would eventually be eclipsed by a vote on whether to provide supplemental funding to sustain continued operations.  But that, it seems, won't happen....

Yesterday I noted that a series of recent news articles suggest that only the CIA can lawfully conduct strikes without the host-state's consent, and that this is one reason (in addition to various policy...

Richard Klingler, currently a partner at Sidley Austin and previously the NSC's Legal Advisor (2006-07), offers the following assessment of the Administration's WPR/Libya arguments (which can be found no...

In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution.  A later post will consider the broader significance of the arguments. Here is the a...

A series of articles over the past few days have discussed plans for the CIA to operate armed drones in Yemen, where U.S. armed forces already have been using lethal force against AQAP targets (cruise mi...