Author Archive
Ideas
The Unconstitutional Strike on Syria
AUMF? The Syrian government is not Al Qaeda, nor an affiliate, nor a successor, nor anything except a sovereign nation against which the president has decided to go to war.
Ideas
Trump Doesn't Have the Authority to Attack North Korea Without Congress
The decision to engage in armed conflict rests with the legislative branch, a requirement that is neither a formality nor outdated.
Ideas
Normalizing Illegal Action May Be the Only Lasting Effect of Trump’s Syria Strike
A president has broad leeway to send American forces into harm’s way, but Trump has blown past the few constraints that remain.
Ideas
Trump's Unlawful Attack in Syria
Trump launched an attack on Bashar al-Assad’s government without the legal authority to do so.
Policy
A Judge Shouldn’t Force Congress to Debate War
Feckless lawmakers are certainly ducking one of their most solemn duties. But a soldier’s lawsuit won't fix things.
Ideas
It's Past Time for Congress to Debate the War on ISIS
The Korean War demonstrates the risks of continued escalation in the Middle East without congressional approval.
Policy
One Year into the War That Congress Won't Declare
What if U.S. lawmakers don’t accept their duty to oversee the U.S. campaign in Iraq and Syria?
Policy
How America's History 'At War' Shapes the Battle Against ISIS
Considering America's history of declaring war, the Obama administration has taken a remarkable step forward by proposing a new authorization with a time limit.
Ideas
Who Controls Foreign Policy – the President or Congress?
A Supreme Court case over passports for people born in Jerusalem could have a surprisingly big effect on the balance of power in the United States. By Garrett Epps
Threats
The Constitution Is More Than Just an Obstacle To Fighting ISIL
President Obama doesn't want to ask Congress to declare a war. Congress doesn't seem interested in fighting back. But the law demands otherwise. By Garrett Epps
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