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Unilateral Presidential War Powers

By John Yoo | John B. Bellinger III | Claire Finkelstein | Saikrishna Prakash | Ingrid Wuerth | Ingrid Wuerth

The Federalist Society

March 20, 2021

Presidents of both parties now regularly claim the authority to take offensive military interventions without Congress’s agreement. The panel will consider to what extent such presidential unilateral action is consistent with the original meaning of the Constitution and whether the costs of such action, like political polarization, outweigh its benefits. The panel will also consider whether there are ways to reform the War Powers Act to make it a more effective instrument for requiring legislative deliberation before the United States commits to major military action abroad.