There is much debate among academics and policy experts over the power the Constitution affords to the president and Congress to initiate military conflicts. But as Michael Ramsey and Matthew Waxman, law professors at the University of San Diego and Columbia, respectively, point out in a recent law review article, this focus misses the mark. In fact, the most salient constitutional war powers question—in our current era dominated by authorizations for the use of military force—is not whether the president has the unilateral authority to start large-scale conflicts. Rather, it is the scope of Congress’s authority to delegate its war-initiation power to the president. This question is particularly timely as the Supreme Court appears growingly skeptical of significant delegations of congressional power to the executive branch.
Matt Gluck, Research Fellow at Lawfare, spoke with Waxman and Ramsey about their article. They discussed the authors' findings about the history of war power delegations from the Founding era to the present, what these findings might mean if Congress takes a more assertive role in the war powers context, and why these constitutional questions matter if courts are likely to be hesitant to rule on war powers delegation questions.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Chatter: The People Who Turn Lies into Reality, with Renée DiResta
Lawfare Daily: Former Amb. Roberta Jacobson on the Mexico Presidential Election
Lawfare Daily: Senator Menendez On Trial
Lawfare Archive: John Allen and Darrell West on Artificial Intelligence
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (June 13, 2024)
Missouri’s Legal Fight Against China Continues with Sean Mirski and Aaron Sobel
Rational Security: The “Miami Vices” Edition
Lawfare Daily: Is Complying with the Law of War a Defense to Genocide?
Lawfare Daily: Natan Sachs on the Latest Israeli Political Crisis
Chatter: FDR, Charles Lindbergh, and Presidential Libraries with Paul Sparrow
Lawfare Daily: Behind the Scenes of Lawfare's Trump New York Trial Coverage
Lawfare Daily: Charlotte Willner and David Sullivan on Content Moderation in the Age of AI
Lawfare Archive: A Trip Around Africa with Judd Devermont and Emilia Columbo
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (June 6, 2024)
Lawfare Archive: The Migrant Caravan and Its Dissenters
Lawfare Daily: Mary McCord on the Effort to Hold Fake Electors Accountable
Rational Security: The “Morning After” Edition
Lawfare Daily: OpenAI’s Shutdown of State-Backed Information Operations with Alex Iftimie
Lawfare Daily: Ashley Deeks and Mark Klamberg on AI and National Security
Chatter: The Harrowing History of the Soviet Space Program with John Strausbaugh
Create your
podcast in
minutes
It is Free
Legal AF by MeidasTouch
Today, Explained
The Daily
City Manager Unfiltered
Potencial Americano