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By Peter Spiro

Corker’s Revenge (The War Powers Resolution Lives!)

by Peter Spiro

by Peter Spiro The Senate has a draft resolution authorizing the use of force in Syria up for mark-up today, which you can find here. In its key operative provision, the resolution authorizes the use of force to 60 days only, subject to a 30-day extension upon a presidential certification of “extraordinary circumstances.” If Congress doesn’t extend […]

Via OpinioJuris

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Syria Insta-Symposium: Did Obama Consult His Lawyers Before War Powers About-Face?

by Peter Spiro

by Peter Spiro Doesn’t sound like it, if you read between the lines of this AP account. Until Friday, everyone was assuming that congressional pre-clearance was not constitutionally required or otherwise warranted. Obama’s national security team was in agreement that while consulting with Congress was critical, there was no need for formal approval, officials said. […]

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Syria Insta-Symposium: Obama’s Constitutional Surrender

by Peter Spiro

by Peter Spiro President Obama’s decision to seek authorization for military intervention in Syria is a watershed in the modern history of war powers. At no point in the last half century at least has a president requested advance congressional authorization for anything less than the full-scale use of force. Foreign Policy’s David Rothkopf gets it […]

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Eyal Benvenisti’s World Is Already Here (Even in the United States)

by Peter Spiro

by Peter Spiro Eyal Benvenisti’s excellent piece sets the stage for a substantial research agenda (hence the need for a major project to pursue its many possible applications). Benvenisti considers aspects of his trusteeship norm largely in the realm of international tribunals. There is also the possibility of direct internalization. I read the piece through [...]

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