War Powers

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War Powers

Taking Stock of the Yemen Resolution

On Wednesday, Nov. 28, Congress took what may be its most important step to date towards openly opposing U.S. involvement in the Yemen war. By a vote of 63 to 37, the Senate elected to discharge a joint resolution directing an end to U.S. involvement in Yemen out of the Senate Foreign Relations Committee and on to the Senate floor. The resolution in question, S.J. Res.

War Powers

NATO and War Powers: Remembering the ‘Great Debate’ of the 1950s

As President Trump goes into this week’s NATO summit complaining about burden-sharing, amid inflamed anxieties at home about presidential powers over foreign relations, it is worth remembering the “Great Debate” of the early 1950s. That dispute pitted President Harry Truman and Secretary of State Dean Acheson against congressional NATO skeptics, and it concerned whether the president could unilaterally deploy four additional U.S. Army divisions to Western Europe.

Executive Power

The Syria War Powers Memo: Why It Matters

Last Friday, Feb. 9, Sen. Tim Kaine asked the Trump administration to turn over a legal memo prepared by administration lawyers in connection with the April 2017 missile strikes directed at Syrian regime forces. The existence of that memo came to light in response to a freedom of information lawsuit filed by our organization, Protect Democracy.

War Powers

War Powers and the Su-22 Episode: Third-Party Defense of Coalition Partners

Early Sunday evening, a US Navy F/A-18 Super Hornet shot down a Syrian Air Force Su-22 that had just completed a bombing run targeting US-backed Syrian Democratic Forces (SDF) in the Raqqa region. The episode raises important questions under the U.N. Charter (see Adil Ahmad Haque’s analysis here). But what about U.S. domestic law?

Executive Power

Kaine and Schiff Seek White House Legal Analysis on Syria Strikes

Senator Tim Kaine (D-VA) and Representative Adam Schiff (D-CA) have sent a letter to President Trump requesting information on the administration's domestic legal justification for the recent airstrikes in Syria, "in particular an explanation of whether this action expands ... precedents for action under Article II." The letter is available here and below.

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