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Full-Text Articles in Law
War Powers Reform: A Skeptical View, Matthew C. Waxman
War Powers Reform: A Skeptical View, Matthew C. Waxman
Faculty Scholarship
Debates about war powers focus too much on legal checks and on the President’s power to start wars. Congressional checks before and during crises work better than many reform-ists suppose, and there are ways to improve Congress’s political checking without substantial legal reform.
Cyberattacks And The Constitution, Matthew C. Waxman
Cyberattacks And The Constitution, Matthew C. Waxman
Faculty Scholarship
Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.
Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
Professor Firmage's reaffirmation of the Framers' conception of a President who would wait for congressional instructions appeals to traditional values of democratic control and congressional primacy that have deep roots in our national consciousness. But this model of presidential passivity has some of the same strengths and weaknesses as the advocacy of chastity to solve today's problems of teenage pregnancy and sexually transmitted disease. The basic values may be sound, but when one moves from the assertion of those values to the identification of policy prescriptions, then it becomes clear that contemporary problems are too complex to be solved by …