President Obama in his speech on “fixing” the Affordable Care Act today did not specify what statutory authority, if any, he thinks authorizes him to make such dictats. Given the gargantuan length of the ObamaCare statute, he might still be looking. Press reports say the President is claiming a broad “enforcement discretion.” It is true […]
Archive | Congress
“Terrorism,” “Hostage-Taking,” and the Government Shutdown
Some Obama administration supporters claim that Republicans who refuse to pass a bill funding the federal government are acting like “terrorists” or “hostage takers.” To some extent, this is just your typical exaggerated political rhetoric, similar to that of Republicans who absurdly claim that Obama is a “socialist,” for example. But it also presents a […]
Thinking about Gridlock on the Eve of a (Potential) Government Shutdown
As the government-shutdown political theater continues to unfold, I naturally find myself wondering whether to blame the House for passing a spending bill that the Senate and President don’t like, or the Senate for passing a bill that the House doesn’t prefer either. This leads me to thinking about The Phenomenology of Gridlock, a recent […]
Congress’ Options on the Syria AUMF in Light of the Russian Offer to Transfer Assad’s Chemical Weapons to International Control
The Russian government and the Assad regime recently offered to transfer Syria’s chemical weapons to “international” control, in exchange for the US and its allies foregoing a military strike on Assad’s forces. Obviously, the offer raises many issues, including whether Russia’s and Assad’s assurances can be trusted and effectively verified. In this post, I only […]
Will Obama Order Military Intervention in Syria Even if Congress Refuses to Authorize it?
Although President Obama has asked Congress to authorize the use of military force against Syria, he and other administration officials continue to insist that he has the power to order a strike even if Congress refuses his request. In my view, anything more than an extremely limited operation requires congressional authorization under the Constitution. But […]
Senate Foreign Relations Committee Passes Syria AUMF
By a 10-7 vote, the Senate Foreign Relations Committee passed an authorization for the use of military force in Syria today. The AUMF adopted by the committee appears to be similar to the draft I discussed in this post (though I have not yet seen the final text). However, the nonbinding Statement of Policy section […]
Thoughts on the Senate Foreign Relations Committee’s Narrow Version of the Syria AUMF
The Senate Foreign Relations Committee has drawn up its own version of a resolution authorizing the use of military force in Syria, which imposes significantly tighter constraints on the president than the administration version. Here is the key language [SEE IMPORTANT UPDATES BELOW]: SECTION 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) AUTHORIZATION-The […]
Additional Thoughts on the Draft Authorization for the Use of Military Force in Syria
Here are a few additional thoughts on the Obama administration’s draft authorization for the use of military force in Syria, beyond those I put forward in my last post. First, as Jack Goldsmith and others have pointed out, the constraints on presidential power created by the resolution’s limitations on the range of objectives the president […]
Thoughts on the Text of the Obama Administration’s Proposed Authorization to Use Military Force in Syria
Co-blogger Dale Carpenter rightly poses the question of what an authorization to use military force in Syria would actually authorize. The Obama Administration has just released the text of its proposed congressional resolution, which might help answer that question. Here is the most important part: AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES (a) Authorization. […]
Obama Will Seek Congressional Approval for Military Intervention in Syria
By Ilya Somin on August 31, 2013 2:57 pm in Congress, Constitutional Law, War and Armed Conflict, War on Terror
President Obama announced today that he will seek congressional approval for US military action against Syria in retaliation for the Assad regime’s use of chemical weapons [BUT SEE IMPORTANT UPDATE BELOW]: President Barack Obama said that the United States “should take military action against Syrian targets” in a Rose Garden address Saturday. However, he said […]
British Parliament Votes Against Military Intervention in Syria
British Prime Minister David Cameron recently lost a vote in the House of Commons that would have authorized British participation in a military strike on Syria: British MPs have voted to reject possible military action against the Assad regime in Syria to deter the use of chemical weapons. A government motion was defeated by 285 […]
Many Members of Congress Call on Obama to Seek Advance Authorization for Military Intervention in Syria
Over 100 members of Congress have signed a letter to the President stating that the Constitution requires him to seek congressional authorization for any military intervention in Syria: More than 100 lawmakers, including 18 Democrats, have signed a letter that says President Obama would violate the Constitution by striking Syria without first getting authorization from […]
Should Senator Wyden Reveal Classified Information on the Senate Floor?
I’ve seen some chatter on the internet about the possibility of a member of Congress disclosing classified information. For example, the Hill discusses this Rolling Stone interview in which Senator Ron Wyden said that he considered (and apparently rejected) disclosing classified information about NSA activities on the floor of the Senate. How would this work? […]
Congressional Inquiry of IRS Targeting of Israel Groups
Congress’s inquiry into IRS abuses has now expanded beyond the hounding of domestic-policy conservative groups to Israel related ones. In a letter today the Chairman and minority leader of the Ways and Means Committee demand information on whether the agency “undertook special reviews of organizations whose missions involve Israel” and whose activities “contradict or are […]
Why maximal enforcement of federal gun laws is not always a good idea
By David Kopel on April 26, 2013 4:27 am in Commerce Clause, Congress, Constitutional Law, Criminal Law, Federalism, Guns, Immigration, Necessary and Proper, Supreme Court, War on Drugs
A common trope of many Second Amendment advocates is to urge more vigorous enforcement of existing federal gun control laws, as the alternative to enacting additional laws. Rhetorically, that’s very effective. But as a policy matter, it is not always a good idea. Consider legislation recently considered by the Senate: The Manchin-Toomey amendment was supported […]