What Trump Can Teach Us About Con Law What Is a War?
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Nov 28, 2025 
Elizabeth Joh, a constitutional law professor, dives into the complexities of presidential war powers, especially regarding recent U.S. strikes on Venezuelan boats. She discusses how historical contexts like the Civil War define current legal frameworks. Joh argues these modern strikes lack legal justification, challenging the categorization of drug boats as combatants. The conversation further explores the limitations of the War Powers Resolution and how broad authorizations from previous administrations shape today's military actions.
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Lincoln's Blockade And The Prize Cases
- Abraham Lincoln chose a naval blockade rather than just closing Southern ports, invoking prize law and seizure of ships.
- The Supreme Court in the Prize Cases (1863) ruled the blockade lawful and treated the Civil War as a constitutional war.
U.S. Strikes On Caribbean Boats
- The Trump administration carried out at least 21 strikes on boats in international waters, killing at least 83 people, claiming links to the TDA gang.
- These strikes reportedly used drones launched from U.S. naval ships and occurred in international waters.
Boat Strikes Look Like Unlawful Executions
- Those strikes likely violate domestic and international law because they amount to summary executions of civilians rather than law enforcement arrests.
- Even conservative legal analysts consider the strikes unlawful under rational readings of applicable law.