The Lawfare Podcast
Lawfare Archive: Jack Goldsmith on Obama's War Powers Legacy
Nov 10, 2023
Legal expert on war powers issues, Jack Goldsmith, discusses President Obama's aggressive approach to initiating overseas conflicts and his expansion of war powers. The podcast analyzes Obama's interpretation of executive power, military commissions, detention without trial, and the Authorization for Use of Military Force (AUMF). It also explores Obama's views on war powers, including his broad view of constitutional power and expansion of statutory authorization in cases like Libya and Syria.
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Quick takeaways
- President Obama expanded the president's constitutional power to use military force without congressional authorization, creating legal space for future presidents to engage in war without requiring approval.
- President Obama essentially gutted the War Powers Resolution, undermining checks and balances established by Congress and weakening legislative oversight in authorizing military actions.
Deep dives
President Obama's broad claims of constitutional and statutory authority to initiate conflict
This podcast episode explores President Obama's broad claims of constitutional and statutory authority to initiate conflict. It discusses how his claims of inherent executive power to initiate conflict, his interpretation of the War Powers Resolution, and his expansive interpretation of the 2001 AUMF have shaped his war powers legacy.
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