Document Type

Working Paper

Publication Date



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.


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