War Powers Irresolution: The Obama Administration and the Libyan Intervention

Abstract:     
The US military intervention in Libya, now in its third month, has brought two fundamental and recurrent constitutional questions to the fore. The first is whether the President can initiate a war, admittedly not in national self-defense or for the protection of US persons or property abroad, with prior approval from Congress. The second is whether the provisions of the War Powers Resolution that require disengagement if the President has not obtained congressional sanction within two months of beginning such a war are constitutional.

Number of Pages in PDF File: 7

Keywords: constitutional law, law of war, war and conflict, War Powers Resolution, presidential power

Accepted Paper Series