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A Whole Text Reading Of The War Powers Clauses: Why The Constitution’S Text Obviates Esoteric War Powers Debates And Encourages Policy Flexibility And Democratic Accountability, Antonio F. Perez

Scholarly Articles

This paper is a lightly-footnoted and modestly expanded version of my presentation at the Georgetown Journal of Law & Public Policy Symposium’s panel on Executive War Powers, Syria, and President Obama’s “Red Line”—Did President Obama Have the Power to Use Force in Syria without Congressional Approval? While criticizing the President’s policy decision, this paper argues that the President would have been well within his authority to use force. Relying r on a whole text reading of the relevant constitutional provisions, it argues that the President’s authority to use force is virtually plenary, while Congress’s authority is limited to governing the …