Latest in Executive Branch
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White House Clarifies Position on Libya and the WPR: US Forces Not Engaged in "Hostilities"
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... -
Kucinich et al. v. Obama
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... -
The Boehner Ultimatum Makes No Legal Sense
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... -
The Killing of Fazul Abdullah Mohammed and the Issue of Organizational Indeterminacy Under the AUMF
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... -
Is the Obama Administration's Original Legal Rationale for the Libya Intervention Still Valid?
Most of the legal discussion about Libya intervention has focused in recent weeks on the War Powers Resolution. But the constitutional issue of the President’s power to order the intervention without co... -
The (Possible) Death of Ilyas Kashmiri and Its Impact on the Internal Administration Debate Regarding Drone Strikes
Hot on the heels of a National Security Council debate last Thursday concerning whether to reduce the pace or scope of CIA drone strikes in Pakistan (reported by the Wall Street Journal here; please do c... -
Ackerman Responds To Morrison
Bruce Ackerman has responded on Balkinization to Trevor Morrison’s review of Ackerman’s book The Decline and Fall of the American Republic. Ackerman’s opening paragraphs explain his post and have all th... -
Two House Votes on Libya Today
According to ABC News and the New York Times, House Speaker John Boehner today will call for a vote on two resolutions regarding the use of force in Libya - one sponsored by Rep. Denis Kucinich, and the ... -
Legislative update: NDAA Passes the House, Amash Amendment Fails
The House has passed the National Defense Authorization Act, in a 322-96 vote. Ninety-five Democrats voted with Republicans to pass the bill, while six Republicans voted against final passage. Rep. Just... -
WPR Influence in Libya Action?
Last Thursday the Washington Post editorial page opined that President Obama should either seek congressional authorization for the military actions in Libya, or “should inform Congress and the public ab... -
More on Libya and the WPR: McKeon's Letter to the President, and a Proposed Senate Resolution
Further to this post on the President's letter to Congress (and its significance in light of the War Powers Resolution, or "WPR"), here are two recent and quite post-worthy developments regarding militar... -
Title 50 as a Sufficient Domestic Law Predicate for Certain Uses of Force
I join Ben in welcoming Marty Lederman back to blogging. His initial post--parsing both international and domestic legal issues relating to the UBL operation--is typically thorough and insightful (not t...
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