Last week I asked whether Presidents have a stronger obligation to obey domestic law than they do to obey international law, and suggested at least one argument for that view. In a very interesting pair of posts, Marty Lederman provides reason to think that President Obama may have this view as well. Treaties have legal […]
Archive | War and Armed Conflict
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. […]
What Will A Proposed Authorization for Military Force in Syria Authorize?
By Dale Carpenter on August 31, 2013 6:05 pm in Constitutional Law, Military, Obama, War and Armed Conflict
Now that the president has vowed to seek Congress’s approval even for what he promises will be very limited military action in Syria, an interesting question arises. What will the authorization authorize him to do? The president will want an expansive resolution, allowing him maximum flexibility to do what he thinks necessary to accomplish what […]
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 […]
Four Points on Syria
By Eugene Kontorovich on August 30, 2013 5:44 am in International Law, National Security, War and Armed Conflict
1. “Internal” Separation of Powers. Forget whether President Obama went through Congress, or the Security Council, or even our NATO friends. The real question is if the Administration wants to prevent atrocities in Syria, why turn to the Navy? Isn’t this the job of the Atrocities Prevention Board? 2. More Evidence of Evolution. Barack Obama […]
Obama May Plan Only a Very Limited Intervention in Syria
In reaction to Britain’s refusal to take part in military operations against the Syria government, Obama administration officials are saying that the operation they plan is so limited that they won’t need much allied support: President Barack Obama is prepared to act without Britain, officials said, noting that unlike U.S. involvement in the 2011 military […]
Originalism and the Constitutionality of Military Intervention in Syria
By Ilya Somin on August 29, 2013 6:58 pm in Constitutional History, Constitutional Law, Originalism, War and Armed Conflict
At the Originalism Blog, Prof. Michael Ramsey, a leading academic expert on constitutional war powers, has an excellent post on the implications of the original meaning for the constitutionality of an attack on Syria without congressional authorization (quoting, in part, from a 2011 post he wrote during the debate over the Libya conflict): Every major […]
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 […]
Jack Goldsmith on the Constitutionality of Military Intervention in Syria
Harvard law professor Jack Goldsmith has an excellent Lawfare post on the constitutionality of a US intervention in Syria undertaken without congressional authorization. While I disagreed with Goldsmith’s position on the Libya intervention two years ago, I think he is mostly right on here: I have a pretty broad view of presidential power to use […]
Would a US Military Intervention in Syria be Constitutional?
The US and its allies are considering a military intervention in Syria in response to the Assad regime’s use of chemical weapons against civilians. If President Obama decides to go in, it will likely be without congressional authorization. Such a step would create serious constitutional problems similar to those arising from the intervention in Libya […]
Obama’s Speech on Drones and the War on Terror
By Ilya Somin on May 23, 2013 9:00 pm in Drones (UAVs), Targeted Killing, War and Armed Conflict, War on Terror
In his speech on drones and the War on Terror today President Obama made many valid points. But he also continued to elide some key issues. On the plus side, Obama correctly emphasized that the use of drones against terrorists is not inherently illegal nor immoral, that drones are often more discriminating and less likely […]
The Case for Drones
By Kenneth Anderson on May 22, 2013 10:50 am in Drones (UAVs), Targeted Killing, Terrorism, War and Armed Conflict, War on Terror
Just in time for President Obama’s big speech Thursday at the National Defense University on counterterrorism policy and strategy, Commentary Magazine has made available early my June cover article, “The Case for Drones.” (Available free and not behind the subscriber wall.) It’s a long essay arguing that drones are both effective and ethical, and addressing […]
Bill to Be Introduced to Increase Armed Services Committees’ Oversight Over Special Operations
By Kenneth Anderson on May 9, 2013 9:48 am in Counter-Terrorism Policy, Drones (UAVs), Military, National Security, Targeted Killing, War and Armed Conflict, War on Terror
Rep. Mac Thornberry (R-Texas), member of the US House of Representatives Armed Services Committee, plans to introduce a bill that would increase Congressional oversight over kill-capture operations conducted outside of Afghanistan by the US military. University of Texas law professor Robert Chesney discusses the proposed legislation over at Lawfare, and gives a section by section commentary. Whether […]