Document Type

Article

Publication Date

2013

Disciplines

Law | Legislation | Military, War, and Peace | President/Executive Department

Center/Program

Center on Global Governance

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.

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