War
Another Pointless War?
As we watch the collapsing government in Baghdad surrounded by a highly disciplined and serious force of Sunni-oriented fighters that has taken control of the most populous third of the country, we must, in John Adams’ words, resist the temptation to slay the...
War and the Constitution: Declare vs Wage
The Constitution is quite clear on war power. Congress has the power to determine IF the country will wage offensive war and against WHOM. Once that decision is made by the Congress, the President is in charge of waging that war. The power in question is delegated in...
What is a “War” (or, Is that a War You Are Declaring?)
At Balkinization, war-powers expert Stephen Griffin (author of the outstanding Long Wars and the Constitution) argues — or at least suggests — that low-level offensive uses of military force do not require congressional approval: The Constitutionality of...
Syria AUMF: It’s Not a Step in the Right Direction
In response to heavy public opposition to a unilateral executive war against Syria (yes, limited strikes on another country are certainly a “war in the legal sense), the Obama administration has given the appearance of a tip of the hat to Constitutional procedure by...