The President Does Not Have the Constitutional Power to Order Air Strikes in Iraq

The answer, in my view, depends on whether the U.S. can be “at war” with a non-state actor such as the Sunni rebel force in Iraq.  Here’s my analysis: (1) The President has executive power and commander-in-chief power, and thus can direct the military and conduct foreign relations, so long as he does not do…

Details

A Partial Defense of the Majority Opinion in Bond v. United States

Chief Justice Roberts’ majority opinion in Bond v. United States has been sharply criticized (see here and here), so I’ll say few words partially in its favor. The case has seemed odd from the beginning because the federal statute at issue implements the Chemical Weapons Convention and (as the majority says) the local misuse of household chemicals does not seem the type of activity that is likely to implicate an international treaty. 

Details

Natural Born Citizens and Minor v Happersett

I had an interesting exchange by email with a reader I’ll identify (at his request) just as TJ, an independent researcher, about the original meaning of “natural born citizen” and my views expressed in this post.  We’ve covered a lot of ground so I’m just going to pick out a part of it here, regarding the Supreme Court’s 1874 decision in Minor v. Happersett.

Details

Amicus Brief in Tuaua v. United States

Last week I joined a group of distinguished scholars on this amicus brief filed in support of plaintiffs/appellants in Tuaua v. United States, the Samoan citizenship case now at the D.C. Circuit.  As I’ve discussed before, the issue is whether the Constitution allows the United States to treat inhabitants of American Samoa (a U.S. territory) as something less than American citizens (they are called “non-citizen nationals”).

Details