Document Type
Working Paper
Publication Date
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.
Disciplines
Comparative and Foreign Law | Constitutional Law | Courts | International Law | Law | Military, War, and Peace | National Security Law | President/Executive Department | Public Law and Legal Theory
Recommended Citation
Stephen M. Griffin & Matthew C. Waxman,
War Powers: Congress, the President, and the Courts – A Model Casebook Section,
Tulane Public Law Research Paper No. 20-18; Columbia Public Law Research Paper No. 14-669
(2020).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2704
Included in
Comparative and Foreign Law Commons, Constitutional Law Commons, Courts Commons, International Law Commons, Military, War, and Peace Commons, National Security Law Commons, President/Executive Department Commons, Public Law and Legal Theory Commons