Stephen M. Griffin (Tulane University Law School) has posted Analyzing War Powers After 9/11 (64 Drake Law Review 961 (2016)) on SSRN. Here is the abstract:
In this essay, I use the perspective advanced in my book Long Wars and the Constitution to analyze some of the war powers issues that have arisen since the 9/11 attacks. I first discuss the constitutionality of the Obama Administration’s military operation against ISIS. In addition, I consider to what extent the Obama Administration’s approach was different from that taken by the Bush Administration with respect to the “9/11 War.” Finally, I offer some general thoughts on the proper way to analyze checks and balances with respect to war powers in a post-9/11 world.
(My thoughts on the Obama administration's approach to war powers are here).
Posted at 6:32 AM