Defense Primer: Legal Authorities for the Use of Military Forces

reportActive / Technical Report | Accesssion Number: AD1171896 | Open PDF

Abstract:

The extent to which the President has independent authority under the Constitution, without explicit statutory support, to use the military for purposes other than to repel a sudden attack is the subject of long-standing debate. At the same time, efforts in Congress to exercise its constitutional war powers in some way that is perceived to constrain military operations have met with objections that the constitutional separation of powers is imperiled.

Author(s):
Elsea, Jennifer K.
Author Organization(s):
LIBRARY OF CONGRESS WASHINGTON DC
Funding Organization(s):
DEPARTMENT OF DEFENSE WASHINGTON DC, WASHINGTON , DC
Document Type:
Technical Report/Research Note
Publication Date:
2021 Jan 04
Pagination:
3

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution Code:
A - Approved For Public Release
Distribution Statement: Public Release

RECORD

Collection: TRECMS
Subject Terms
Communities of Interest:
No COI(s) Identified
Descriptor(s):
law, congress, military operations, national security, civil rights, war, civil war, domestic violence, federal law, governments, hostility, insurgency, security, state governments, united states, air force, department of defense
Keyword(s):
declaration of war, use of force
Subject Categories:
Behavioral and Social Sciences; Military Sciences
Creation Date:
2022 Jun 16
Update Date:
2022 Jul 25