Mike Schmitt (Durham) has an very interesting piece at the Yale Journal of International Law Online concerning UNSCR 1973 and the use of force in Libya.  Mike previously served as legal advisor to Operat...

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...

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.

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...

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.

Rep.

I’m very happy to present this very interesting and useful summary produced by Ryan Sylvester, a third-year student at Fordham Law: On March 10, 2011, the U.S. Department of State posted its Response to...

Senator Rand Paul has attached the following Amendment to S.

In a post this morning at Balkinization, Mark Tushnet argues that President Obama need not seek Congressional approval for U.S. participation in the Libyan Civil War because this armed conflict is not a ...

President Obama’s speech was a full-throated defense of his deployment of U.S.

Koh said the intervention is legal under UNSCR 1973, and that the administration had complied with the WPR. 

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...