Congress Unnecessary – Robert F. Turner, who founded the Center for National Security Law at the University of Virginia Law School and worked in the Senate and the State and Defense departments, makes a strong argument “Why the President Does Not Legally Need Congress’s Permission to Go to War (But Is Wise to Seek It).”
UPDATE – Turner argues, in part, that our treaty obligations approving the U.N. Charter give the U.S. all the legal authority it needs (and may even impose an obligation) to attack Iraq. In an OpEd in today’s New York Times, Yale law professor Bruce Ackerman (of un-Article V amendment fame, i.e., that various “Constitutional moments” have actually amended the Constitution) argues the opposite. An interesting post on OxBlog takes issue with Ackerman. (OxBlog link via Howard Bashman)
