Laura A. Dickinson discusses the challenges and limitations of applying domestic and international legal frameworks, including jus ad bellum and international human rights law, as the US conducts over the horizon, unmanned aerial vehicle operations, while US officials provide conflicting statements on whether the US remains at war. Dickinson examines Mitt Regan’s book Drone Strike:… Continue reading Over-the Horizon Drone Strikes in an Ongoing Global War: Afghanistan and Beyond
Has precedent eroded Congress’s war powers? James Lebovic looks to the various standards of social-scientific inquiry to suggest that an exclusive focus on legal analysis has unnecessarily limited the war powers debate in recent decades. Lebovic finds that even though Congress appears to defer to the President based on war powers precedent, it is often… Continue reading The Selling of a Precedent: The Past as Constraint on Congressional War Powers?
Shortly after Nazi Germany invaded Poland in 1939, President Franklin D. Roosevelt issued a proclamation of a “limited” national emergency. This proclamation cited no statutory or inherent authority. Alden Fletcher looks to the historical record to suggest Roosevelt’s proclamation was relying on ambiguous statutes that provided for executive power to declare emergencies or take emergency… Continue reading Roosevelt’s “Limited” National Emergency: Crisis Powers in the Emergency Proclamation and Economic Studies of 1939