Analyzing War Powers After 9/11

31 Pages Posted: 16 Nov 2016

Date Written: November 1, 2016


In this essay, I use the perspective advanced in my book Long Wars and the Constitution to analyze some of the war powers issues that have arisen since the 9/11 attacks. I first discuss the constitutionality of the Obama Administration’s military operation against ISIS. In addition, I consider to what extent the Obama Administration’s approach was different from that taken by the Bush Administration with respect to the “9/11 War.” Finally, I offer some general thoughts on the proper way to analyze checks and balances with respect to war powers in a post-9/11 world.

Keywords: war powers, constitutional order, AUMF, War Powers Resolution

Suggested Citation

Griffin, Stephen M., Analyzing War Powers After 9/11 (November 1, 2016). 64 Drake Law Review 961 (2016), Tulane Public Law Research Paper No. 16-14, Available at SSRN:

Stephen M. Griffin (Contact Author)

Tulane University Law School ( email )

6329 Freret Street
New Orleans, LA 70118
United States
504-865-5910 (Phone)
504-862-8857 (Fax)

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