War Powers: Congress, the President, and the Courts -- A Model Casebook Section

20 Pages Posted: 17 Sep 2020

See all articles by Stephen M. Griffin

Stephen M. Griffin

Tulane University Law School

Matthew C. Waxman

Columbia Law School

Date Written: September 13, 2020

Abstract

This model casebook section is concerned with the constitutional law of war powers as developed by the executive and legislative branches, with a limited look at relevant statutes and federal court cases. It is intended for use in Constitutional Law I classes that cover separation of powers. It could also be used for courses in National Security Law or Foreign Relations Law, or for graduate courses in U.S. foreign policy. This is designed to be the reading for one to two classes, and it can supplement or replace standard casebook sections on war powers that are shorter and offer less detail. We plan to update this section periodically in response to feedback and events.

Keywords: war powers, constitution, declare war, commander-in-chief, war powers resolution, executive power, constitutional law, foreign relations law, national security law

Suggested Citation

Griffin, Stephen M. and Waxman, Matthew C., War Powers: Congress, the President, and the Courts -- A Model Casebook Section (September 13, 2020). Columbia Public Law Research Paper No. 14-669, Available at SSRN: https://ssrn.com/abstract=3692831

Stephen M. Griffin

Tulane University Law School ( email )

6329 Freret Street
New Orleans, LA 70118
United States
504-865-5910 (Phone)
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Matthew C. Waxman (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States
212-854-0592 (Phone)
212-854-7946 (Fax)

HOME PAGE: http://www.law.columbia.edu/fac/Matthew_Waxman

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