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Rick Pildes has a very thoughtful post at Balkinization on the constitutional politics of the War Powers Resolution, the difficulties Congress faces in responsibly controlling executive discretion to mak...
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My analysis of the War Powers Resolution yesterday assumed, based on Charlie Savage’s story, that the only kinetic fire that U.S.
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Josh Rogin at The Cable reports that Senators Kerry and Lugar agree that there should be a Senate Foreign Relations Committee hearing on WPR compliance in relation to Libya. So many interesting possibili...
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Back in April, I posted this motion by habeas attorney David Remes in Paracha v. Obama, asking for the ability to access Wikileaked material like everyone else can. I had not noticed this response yester...
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Three somewhat broader thoughts in addition to this morning’s analysis:
1.
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I had thought that the WPR debate in regards to Libya would eventually be eclipsed by a vote on whether to provide supplemental funding to sustain continued operations. But that, it seems, won't happen....
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Richard Klingler, currently a partner at Sidley Austin and previously the NSC's Legal Advisor (2006-07), offers the following assessment of the Administration's WPR/Libya arguments (which can be found no...
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In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution. A later post will consider the broader significance of the arguments.
Here is the a...
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Charlie Savage at the NY Times has just reported that the White House is today providing Congress with information on ongoing operations in Libya, including an explanation of the Administration's positio...
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Dennis Kucinich, Ron Paul, and eight other members of the House of Representatives have sued the President for injunctive and declaratory relief in connection with the President’s alleged violations of t...
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Today House Speaker John Boehner sent President Obama a letter charging that next Sunday, which will mark 90 days after the Libya intervention began, “the Administration will be in violation of the War P...
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The killing of Fazul Abdullah Mohammed by Somalian soldiers this weekend provides yet another occasion to note the difficult scope issues that arise under the 9/18/01 AUMF (or, if you prefer, under the P...