CONSTITUTIONAL WAR INITIATION AND THE OBAMA PRESIDENCY

• 成果类型: Article
• 署名作者: Ramsey, Michael D.
• 署名单位: University of San Diego; University of San Diego; University of San Diego
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/S0002930000763184
• 发表日期: 2016
• 页码: 701-717
• 关键词: POWER

摘要

This essay assesses the constitutionality of President Barack Obama's uses of military force. It uses two baselines: the Constitution's original meaning, and the practice of U.S. presidents between the end of the Vietnam War and the beginning of the Obama presidency. Although Obama has been criticized for expanding the president's unilateral powers to use military force, this essay concludes that these claims may overstate. Taken as a whole, the legacy of the Obama administration may be to decrease, rather than expand, the war initiation powers of the presidency.