Index/Topics/Article II War Power

Article II War Power

The president's claim of an Article II 'inherent' commander-in-chief power to order military operations.

Fact-Checks

6 results
Jan 15, 2026
Most Viewed

Potential for martial law in recent US political crises?

The legal and institutional barriers to a unilateral, nationwide martial law in the United States remain substantial: the Insurrection Act and related law limit a president’s capacity to federalize fo...

Jan 12, 2026
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What legal and Congressional constraints would apply if a U.S. president sought to order an overseas invasion of a NATO ally’s territory?

A U.S. president attempting to order a military invasion of a NATO ally’s territory would confront multiple, overlapping legal and political constraints: domestic constitutional checks—most notably Co...

Jan 8, 2026

Was the kidnapping of the venuzuian president against congress

The U.S. seizure of Venezuela’s president, Nicolás Maduro, was carried out by the executive branch without clear prior congressional authorization and immediately prompted legal and political challeng...

Jan 5, 2026

How does the War Powers Resolution apply to U.S. airstrikes and executive action?

The War Powers Resolution (WPR) was enacted to check unilateral presidential use of U.S. armed forces and requires the President to report uses of force and to terminate them after 60 days absent cong...

Jan 5, 2026

What’s it illegal for Trump to take Madura?

What would make it illegal for President Trump to seize Venezuela’s Nicolás Maduro hinges on two overlapping legal regimes: international law governing the use of force and sovereignty, and U.S. domes...

Jan 5, 2026

What U.S. legal authorities allow a president to order military captures of foreign leaders without Congressional authorization?

The president claims several domestic legal authorities to order U.S. military operations abroad without prior congressional authorization: an Article II “inherent” commander‑in‑chief power, narrow se...