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War Powers Irresolution: The Obama Administration and the Libyan Intervention

Engage, Vol. 12, No. 1, p. 122, 2011

U of St. Thomas Legal Studies Research Paper No. 11-17

7 Pages Posted: 2 Jun 2011 Last revised: 13 Sep 2011

Robert J. Delahunty

University of St. Thomas School of Law (Minnesota)

Date Written: 2011

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.

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

Suggested Citation

Delahunty, Robert J., War Powers Irresolution: The Obama Administration and the Libyan Intervention (2011). Engage, Vol. 12, No. 1, p. 122, 2011; U of St. Thomas Legal Studies Research Paper No. 11-17. Available at SSRN: https://ssrn.com/abstract=1856764

Robert J. Delahunty (Contact Author)

University of St. Thomas School of Law (Minnesota) ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States

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