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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?
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?
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AGAINST
Background
LEGAL FRAMEWORK
PROPOSED AUMF AGAINST ISIS/ISIL
ISIS AND AL QAEDA