From January 22, 2024: 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.
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