Document Type
Article
Publication Date
2013
Abstract
In this Essay, Professor Matthew Waxman argues that debates about constitutional war powers neglect the critical role of threats of war or force in American foreign policy. The recent Syria case highlights the President’s vast legal power to threaten military force as well as the political constraints imposed by Congress on such threats. Incorporating threats into an understanding of constitutional powers over war and peace upends traditional arguments about presidential flexibility and congressional checks – arguments that have failed to keep pace with changes in American grand strategy.
Disciplines
Law | Legislation | Military, War, and Peace | President/Executive Department
Recommended Citation
Matthew C. Waxman,
Syria, Threats of Force, and Constitutional War Powers,
123
Yale L. J. Online
297
(2013).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2875
Included in
Legislation Commons, Military, War, and Peace Commons, President/Executive Department Commons