War Powers
Defend the Guard: 10th Amendment Check on Unconstitutional War Powers
A group of legislators in as many as 20 states are expected to introduce the “Defend the Guard Act” in the coming months. Led by veterans in West Virginia and Wyoming, the legislation would ban the deployment of Guard troops without a declaration of war as...
Syria: A Tough Lesson on Power and the Constitution
The entire political establishment has been on board with the notion of a “unitary executive” when it comes to matters of war and peace. Basically, unilateral presidential power without congressional declarations of war even needed. Now, when that power is...
4 Founders on the President and War Powers under the Constitution
A lot of “experts” want you to believe that under Article II, Section 2 of the Constitution the executive branch rarely – if ever – needs to even consult congress on matters of war or peace, despite the fact that all the founders agreed that...
Scholars’ Letter on the Yemen Conflict
In a prior post, I referred to a scholars’ letter regarding the conflict in Yemen:ย Is the Yemen Conflict Unconstitutional?ย The letter is now publicly availableย here, via Ilya Somin at Volokh Conspiracy, who has further comments:ย Legal Scholars’ Letter on...