War isn’t an Executive Decision under the Constitution
Constitutionally, war and peace aren’t the president’s decision.
The American Tradition Is Anti-War
This doesn't mean Americans should not defend our borders and protect our homes. That is a just war. But we should not be engaging in foreign adventurism either.
How the Founders Defined “War”
Under the Constitution, a war is a war whether they call it a war, or not.
The Founders and the “Dog of War”
The founders didn’t trust the executive branch to exercise complete power over war.
The Houthi Attack and the Constitution
A while back it was reported that the U.S. Navy had fired on radar installations of the Houthi rebels in Yemen, after the Houthis fired missiles at U.S. navy ships. The constitutional implications of this affair have (as far as I know) not been much discussed. Obviously there is no congressional authorization for military action…
The Constitution and the Power to “Declare War”
Pre-emptive strikes and undeclared offensive military expeditions are not powers delegated to the executive branch in the Constitution, and therefore, are unconstitutional.
The Constitution and the Power to “Declare War”
Pre-emptive strikes and undeclared offensive military expeditions are not powers delegated to the executive branch in the Constitution, and therefore, are unconstitutional.
James Madison on the Dangers of War
The Founding Fathers were virtually unanimous in their strong opposition to war as a policy. Few were more adamant about this view than James Madison.
More Unconstitutional War in Libya
Yesterday, the US government launched a new round of airstrikes into Libya. While the Constitution mandates that Congress declares war, this new war is being waged on the “request” of United Nations-created government of Libya. The Constitution is quite clear on war power. Congress has the power to determine if the country will wage offensive…
Podcast: Bombs, Bathrooms and Bad Arguments
In this episode of Thoughts from Maharrey Head, I wade into the Great Bathroom Controversy of 2016. I tackle some of the constitutional issues and explain why I think the whole thing is generally kind of dumb. Somehow, bathrooms have become the most significant issue of the year, with the possible exception of the presidential…