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.
Itsiq Benizri on the EU AI Act
Chatter: Life and Death in Ukraine with Journalist Christopher Miller
Jonathan Cedarbaum and Matt Gluck on the NDAA’s Cyber Provisions
Constitutional Law, International Law, and the State
‘God, Guns, and Sedition’ with Bruce Hoffman and Jacob Ware
A Victory for Guatemalan Democracy
Rational Security: The “Fecund Season” Edition
Lawfare Archive: Julian Mortenson on 'The Executive Power'
Trump's Trials and Tribulations: Supreme Court Oral Arguments in the Trump Disqualification Case
Chatter: The Global Citizenship Industry with Kristin Surak
Molly Reynolds and Eric Ciaramella on the Ukraine Supplemental
The D.C. Circuit Rejects Trump's Presidential Immunity Claim
Prosecuting Sexual and Gender-Based Violence in Armed Conflict
Riana Pfefferkorn and David Thiel on How to Fight Computer-Generated Child Sexual Abuse Material
Rational Security: The “Meatlovers” Edition
Trump's Trials and Tribulations: Waiting for the D.C. Circuit
Lawfare Archive: Law and the Soleimani Strike
Sam Moyn and Ilya Somin on Disqualifying Trump Under Section 3
Chatter: The Long History of US Foreign Disaster Aid, with Julia Irwin
James A. Heilpern on Why Section 3 Reaches Presidents
Create your
podcast in
minutes
It is Free
Legal AF by MeidasTouch
Today, Explained
The Daily
City Manager Unfiltered
Potencial Americano