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Lawfare Archive: War Powers and the Biden Administration

The Lawfare Podcast

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Continuity of U.S. Administration's Approach to War Powers and Preemptive War

This chapter explores the consistent stance of both Democratic and Republican administrations in maintaining the right of preemptive war and the importance of exhausting diplomatic means before resorting to force. It delves into the legal arguments surrounding anticipatory self-defense and the varying interpretations across different administrations. The chapter concludes by discussing the government's perspective on the use of force when a state is unable or unwilling to prevent its territory from being used by non-state militia groups.

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