Under the Articles of Confederation, all war power was vested in a Congress and the United States lacked a formal executive. This arrangement proved unworkable as America’s foreign policy and defense, deprived of executive guidance, floundered. Recognizing the need for an executive to act…
From the retaliatory raids on the Barbary pirates at the turn of the 19th century to the ongoing bombing campaign in Libya, American Presidents have deployed military force several hundred times in the nation’s history. Yet Congress has declared war on only five occasions—and…
Conduct of the war on terrorism raises novel, complex, and unprecedented legal and policy issues. This should be expected from a conflict that knows no borders and involves enemy combatants who do not fight on behalf of any nation. But critics go beyond claiming that President George W. Bush has…
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