“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
In the early years of the United States under the Constitution, James Madison made one of the most compelling constitutional arguments against unilateral presidential war powers. Through their actions, the first three presidential administrations of Washington, Adams,...
Many people believe presidents have a great deal of authority to make unilateral decisions about war without the approval of Congress. To support this conclusion, they often point to actions taken by early presidents such as John Adams. But this narrative doesn’t...
People on both the left and the right claim the president possesses significant, unilateral power over military action, and they support this myth by perpetuating a big lie – that Thomas Jefferson did the same in response to the Barbary Pirates. But like so...
In the 2000 film Thirteen Days chronicling the Cuban Missile Crisis, John F. Kennedy tells General Taylor, “I’m the president of the United States, and I decide when we go to war.” That’s how presidents have done things for decades. The problem is, that’s not...
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. Putting aside the wisdom of those suggestions, the Constitution’s original meaning requires that...