To find a joint way to draw down the American troops in the war zone, Congress and the President may seek congressional mechanisms to resolve their differences with interactive processes. Then, constitutional issues arise as to whether a congressional mechanism may use a legislative veto – authorization for a drawdown with a reservation of power for a vote by the two Houses of Congress – so as to let the President draw down troop levels while reserving congressional power to stop that draw down. These issues illuminate war powers in the abstract; the issues also apply concretely to the main war of the 2010s, namely, the long war in Afghanistan.
Category: Vol. 6 No 1
Executive Power & The Rule of Law | Articles in JNSLP 6:1 examine the separation of powers in various contemporary applications, such as waging modern warfare, the CIA as a counterterrorism force, outsourcing military action, and cybersecurity and the Fourth Amendment.
CIA and the Rule of Law
Just as ours is a nation of laws, the CIA is an institution of laws, and the rule of law is integral to Agency operations. All intelligence activities of the Agency must be properly authorized pursuant to, and must be conducted in accordance with, the full body of national security law that has been put in place over the six-plus decades since the creation of the CIA.
Dead Contractors: The Un-Examined Effect of Surrogates on the Public’s Casualty Sensitivity
When a nation deploys ground forces, an inverse relationship exists between the number of military deaths and public support. This stark and monolithic metric, which economists call the “casualty sensitivity” effect, requires close examination today. On the modern battlefield, contractor personnel die at rates similar to—or indeed often in excess of—soldiers, yet the U.S. public… Continue reading Dead Contractors: The Un-Examined Effect of Surrogates on the Public’s Casualty Sensitivity