The President Has Exceeded His Constitutional Authority by Waging War Without Congressional Authorization

Topics: Law, World

Public Release Date: March 31, 2015

Presented in partnership with The Richard Paul Richman Center at Columbia University and the National Constitution Center.

The President has launched a sustained, long-term military campaign against the Islamic State of Iraq and the Levant. But did he have constitutional power to do so? The Constitution carefully divides the war powers of the United States between Congress and the President. Article II provides that “The President shall be Commander in Chief.” But Article I provides that “The Congress shall have Power … To Declare War.” In this case, Congress has not declared war; the President ordered the attacks unilaterally. Did he exceed his authority and violate the Constitution?

ARGUING YES:

• Gene Healy: Vice President of the Cato Institute, Author of ‘The Cult of the Presidency’

• Deborah Pearlstein: Assistant Professor at Cardozo Law, Former Director of the Law & Security Program at Human Rights First

ARGUING NO:

• Akhil Reed Amar: Professor of Law at Yale University

• Philip Bobbitt: Professor at Columbia Law School, Lecturer for University of Texas at Austin

MODERATOR-IN-CHIEF:

• John Donvan: Emmy award-winning journalist