Author Archive

Garrett Epps

Garrett Epps is a contributing writer for The Atlantic. He teaches constitutional law and creative writing for law students at the University of Baltimore. His latest book is American Justice 2014: Nine Clashing Visions on the Supreme Court.

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.


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decision to engage in armed conflict rests with the legislative branch, a requirement that is neither a formality nor outdated.


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.


Trump's Unlawful Attack in Syria

Trump launched an attack on Bashar al-Assad’s government without the legal authority to do so.


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.


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.


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?


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.


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


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