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
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