CENTER FOR ETHICS AND THE RULE OF LAW​

Congress’ power ‘to declare war’ serves important role in ‘restraining’ the president

Mary Ellen O’Connell, member of CERL’s Advisory Council, is quoted in a New York Times article by W.J. Hennigan discussing whether President Trump has the legal authority to engage in military action against Iran without first seeking Congressional authorization. She notes the role of the Constitution’s Declare War Clause in preventing the executive branch from entering unlawful wars.  

Mary Ellen O’Connell is the Robert and Marion Short Professor of Law and Research Professor of International Dispute Resolution—Kroc Institute for International Peace Studies, University of Notre Dame. Read her bio here.  

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.    

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Congress’ power ‘to declare war’ serves important role in ‘restraining’ the president