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Amending Insurrection: Restoring The Balance Of Power In The Insurrection Act, Jeremy S Campbell Nov 2021

Amending Insurrection: Restoring The Balance Of Power In The Insurrection Act, Jeremy S Campbell

Texas A&M Law Review

The Insurrection Act allows the president to domestically deploy and utilize the federal standing army and state militias to perform functions normally performed by domestic law enforcement. The president can invoke the Act when circumstances make it impracticable to enforce domestic law by normal means, when the execution of the law is obstructed such that it deprives citizens of rightful legal protections, or upon the request of a state. Under the current version of the Act, the president possesses the sole and absolute discretion to determine when it is invoked during the two former instances above. When invoked, the Act …


The Test Case For Presidential War Power: North Korea And Trump, Deborah Pearlstein Aug 2017

The Test Case For Presidential War Power: North Korea And Trump, Deborah Pearlstein

Online Publications

My friend Marty Lederman has a characteristically useful post up about one of many important legal questions surrounding options in the current stand-off between the United States and North Korea. As he puts it: “Would it be lawful under the U.S. Constitution for Trump to use force, including nuclear weapons, as a ‘first strike’ against North Korea, in an effort to degrade that nation’s nuclear capabilities, absent evidence that Korea has already decided to strike the United States and is going to do so with no time for legislative deliberation?”


The Statutory Commander In Chief, Neil Kinkopf Oct 2006

The Statutory Commander In Chief, Neil Kinkopf

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard Oct 2006

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Regulating The Commander In Chief: Some Theories, Saikrishna Prakash Oct 2006

Regulating The Commander In Chief: Some Theories, Saikrishna Prakash

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder Oct 2006

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen Oct 2006

Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.