Covert War and the Constitution: A Response

Words are imperfect instruments for conveying ideas, and interpreting the intended meaning of words is often a challenge, especially when more than two centuries have passed since the words were written and their meanings have evolved over the years. For example, the terms “executive power” and “declare war” had widely understood meanings when the Constitution was written.

The Constitutionality of Covert War: Rebuttals

Professor Turner argues that Congress’s power to “declare war” and issue letters of marque and reprisal is an irrelevant “anachronism” in today’s world, and was virtually irrelevant even in 1787. According to Turner, the Declare War Clause only prevents the President from launching “a major aggressive war.” In his view, the President has the power to launch “minor” aggressive wars and even initiate “major” warfare (“major” is not defined) when such warfare can broadly be termed “defensive,” a vague term also not defined by Turner.

Intelligence Analysis and Planning for Paramilitary Operations

Paramilitary operations – “PM ops” in American spytalk – may be defined as secret war-like activities. They are a part of a broader set of endeavors undertaken by intelligence agencies to manipulate events abroad, when so ordered by authorities in the executive branch. These activities are known collectively as “covert action” (CA) or, alternatively, “special activities,” “the quiet option,” or “the third option” (between diplomacy and overt military intervention).