Waxman and Ramsey on Delegating War Power

Waxman and Ramsey on Delegating War Power

There is much debate among academics and policy experts over the power the Constitution affords to the president and Congress to initiate military conflicts. But as Michael Ramsey and Matthew Waxman, law professors at the University of San Diego and Columbia, respectively, point out in a recent law review article, this focus misses the mark. In fact, the most salient constitutional war powers question—in our current era dominated by authorizations for the use of military force—is not whether the president has the unilateral authority to start large-scale conflicts. Rather, it is the scope of Congress’s authority to delegate its war-initiation power to the president. This question is particularly timely as the Supreme Court appears growingly skeptical of significant delegations of congressional power to the executive branch.

Matt Gluck, Research Fellow at Lawfare, spoke with Waxman and Ramsey about their article. They discussed the authors' findings about the history of war power delegations from the Founding era to the present, what these findings might mean if Congress takes a more assertive role in the war powers context, and why these constitutional questions matter if courts are likely to be hesitant to rule on war powers delegation questions.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Avsnitt(2876)

Lawfare Daily: Patronage Pardons: A Conversation with Prof. Lee Kovarsky about a Novel Feature of the Trump Administration

Lawfare Daily: Patronage Pardons: A Conversation with Prof. Lee Kovarsky about a Novel Feature of the Trump Administration

Lee Kovarsky, an endowed chair professor at the University of Texas School of Law, speaks with Senior Editor Roger Parloff about patronage pardons, the subject of his forthcoming article in the Duke L...

27 Feb 41min

Lawfare Live: Unpacking the Kilmar Abrego Garcia Hearing with Anna Bower

Lawfare Live: Unpacking the Kilmar Abrego Garcia Hearing with Anna Bower

In a Feb. 26 Lawfare Live, Lawfare Editor in Chief Benjamin Wittes and Lawfare Senior Editor Anna Bower discussed the evidentiary hearing in the Kilmar Abrego Garcia criminal case which focused on the...

26 Feb 28min

Rational Security: The “Off the Rails” Edition

Rational Security: The “Off the Rails” Edition

This week, Scott was joined by Lawfare Managing Editor Tyler McBrien, Lawfare Senior Editor Molly Roberts, and University of Virginia Professor of Law Paul Stephan to talk through the week’s big news ...

26 Feb 1h 16min

Lawfare Daily: The State of IHL

Lawfare Daily: The State of IHL

Loren Voss, Public Service Fellow at Lawfare, sits down with Stuart Casey Maslen, the head of the IHL in Focus project at the Geneva Academy of International Humanitarian Law and Human Rights. They di...

26 Feb 21min

Lawfare Daily: Are We Going to War in Iran?

Lawfare Daily: Are We Going to War in Iran?

Lawfare Public Service Fellow Ariane Tabatabai and Eric Brewer of the Nuclear Threat Initiative join Lawfare Editor in Chief Benjamin Wittes in a discussion of the possibly impending U.S. strike on Ir...

25 Feb 48min

Lawfare Daily: Ideology, Action, and Terrorism in the 1970s

Lawfare Daily: Ideology, Action, and Terrorism in the 1970s

Senior Editor Michael Feinberg is joined by Jason Burke of The Guardian, the author of “The Revolutionists: The Story of the Extremists who Hijacked the 1970s.” The two discuss the roots of European a...

24 Feb 50min

Lawfare Daily: The Trials of the Trump Administration, Feb. 20

Lawfare Daily: The Trials of the Trump Administration, Feb. 20

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Eric Columbus, Roger Parloff, and Anna Bower, Lawfare Public Service Fellow Troy Edwards...

23 Feb 1h 38min

Lawfare Archive: Nick Bednar on Trump's Civil Service Executive Orders

Lawfare Archive: Nick Bednar on Trump's Civil Service Executive Orders

From January 28, 2025: In today’s episode, Lawfare Senior Editor Alan Z. Rozenshtein speaks with his University of Minnesota Law colleague, Nick Bednar, about the wave of Day 1 executive orders affect...

22 Feb 1h 5min

Populärt inom Politik & nyheter

svenska-fall
aftonbladet-krim
p3-krim
rss-krimstad
fordomspodden
flashback-forever
motiv
rss-sanning-konsekvens
aftonbladet-daily
blenda-2
spar
rss-krimreportrarna
svd-ledarredaktionen
olyckan-inifran
rss-frandfors-horna
rss-vad-fan-hande
rss-flodet
dagens-eko
krimmagasinet
politiken