War Powers
AUMF Reform Will Not Restore Proper Constitutional War Powers
There has been a lot of talk about repealing Authorizations for the Use of Military Force (AUMFs) currently in effect. This, we are told, would restore war powers to Congress where they constitutionally belong. But these plans invariably include new...
War and the Constitution
Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged? Can the United States legally attack an ally? These questions should be front and center in a...
Defend the Guard: A Powerful Check on Unconstitutional War Powers
Presidential administrations come and go but the war machine churns relentlessly on. “Defend the Guard” legislation can throw a monkey wrench in its cogs. Defend the Guard is a state-level bill that would stop the deployment of a state’s National...
Using Force in Ukraine Requires Congressional Approval
Commentators are suggesting that the U.S. establish a no-fly zone in Ukraine, and perhaps take even stronger military action, in response to the Russian invasion.Β Putting aside the wisdom of those suggestions, the Constitution’s original meaning requires that...