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U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions

Description: This report addresses select legal questions raised by the use of military force against the Islamic State (IS). Questions addressed in this report include potential sources (and limitations) of presidential authority to use military force against the Islamic State without congressional authorization; the potential relevance of the 2002 Authorization for Use of Military Force Against Iraq (2002 Iraq AUMF; P.L. 107-243) and the 2001 Authorization for Use of Military Force (2001 AUMF; P.L.107-40); the applicability of the United Nations Charter to ongoing U.S. military strikes in Iraq and any prospective strikes against IS forces in Syria; and the constraints imposed by the War Powers Resolution upon U.S. military action that has not been authorized by Congress.
Date: September 9, 2014
Creator: Garcia, Michael J. & Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

National Emergency Powers

Description: This report the National Emergencies Act (50 U.S.C. 1601-1651) that eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought.
Date: May 1, 2006
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department

National Emergency Powers

Description: This report the National Emergencies Act (50 U.S.C. 1601-1651) that eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought.
Date: April 29, 1991
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department

National Emergency Powers

Description: This report the National Emergencies Act (50 U.S.C. 1601-1651) that eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought.
Date: February 10, 2006
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department

National Emergency Powers

Description: This report describes Presidents emergency. Federal law provides a variety of powers for the President to use in response to crisis, exigency, or emergency circumstances threatening the nation. Moreover, they are not limited to military or war situations.
Date: May 13, 2004
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department

War Powers Resolution: Presidential Compliance

Description: This report discusses two separate but closely-related issues regarding the introduction of U.S. armed forces abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution. The other issue is whether or not Congress concurs in the wisdom of the action. A longer-term issue is whether the War Powers Resolution is an appropriate and effective means of assuring congressional participation in actions that might get the United States involved in war.
Date: February 1, 2012
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department

War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution

Description: This report summarizes the eight cases initiated by Members of Congress in which final rulings were reached, which concerned U.S. military activities in El Salvador, Nicaragua, and Grenada; military action taken during the Persian Gulf conflict between Iraq and Iran; U.S. activities in response to Iraq's invasion of Kuwait (prior to the congressional authorization); U.S. participation in NATO's action in Kosovo and Yugoslavia; and U.S. military action in Libya.
Date: February 17, 2012
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Executive Order 12919: Emergency Powers of the President

Description: Executive Order 12919 concerns industrial preparedness during times of war and national emergency. This brief report uses simple language to describe what Executive Order 12919 does. It is intended to clarify common misunderstandings about the Order’s purpose and scope.
Date: October 23, 2000
Creator: Burdette, Robert B
Partner: UNT Libraries Government Documents Department

Authorization for Use of Military Force in Response to the 9/11 Attacks (P.L. 107-40): Legislative History

Description: This report provides a legislative history of the legislation, S.J.Res. 23 , the “Authorization for Use of Military Force” (AUMF), which, as Congress stated in its text, constitutes the legislative authorization for the use of U.S. military force contemplated by the War Powers Resolution. It also is the statute which the President and his attorneys have subsequently cited as an authority for him to engage in electronic surveillance against possible terrorists without obtaining authorization of the special Court created by the Foreign Intelligence Surveillance Act (FISA) of 1978, as amended.
Date: January 4, 2006
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department

War Powers Resolution: Presidential Compliance

Description: Two separate but closely related issues confront Congress each time the President introduces armed forces into a situation abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution. The other issue is whether or not Congress concurs in the wisdom of the action. A longer-term issue is whether the War Powers Resolution is an appropriate and effective means of assuring congressional participation in actions that might get the United States involved in war.
Date: September 23, 2010
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department

War Powers Resolution: Presidential Compliance

Description: Two separate but closely related issues confront Congress each time the President introduces armed forces into a situation abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution. The other issue is whether or not Congress concurs in the wisdom of the action. A longer-term issue is whether the War Powers Resolution is an appropriate and effective means of assuring congressional participation in actions that might get the United States involved in war.
Date: April 12, 2011
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department

War Powers Resolution: Presidential Compliance

Description: Two separate but closely related issues confront Congress each time the President introduces armed forces into a situation abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution. The other issue is whether or not Congress concurs in the wisdom of the action. A longer-term issue is whether the War Powers Resolution is an appropriate and effective means of assuring congressional participation in actions that might get the United States involved in war.
Date: February 23, 2011
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department

The War Powers Resolution: Concepts and Practice

Description: This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually.
Date: April 3, 2015
Creator: Weed, Matthew C.
Partner: UNT Libraries Government Documents Department

The Power of the President to Commit American Armed Forces Abroad Without Congressional Authorization-The Problem and Some Proposals

Description: This report discusses the issue of whether the President has the power to commit military forces to service abroad without Congressional approval and if he does have this power, how much can he do with it. Various proposals to clarify or fix the issue are discussed.
Date: May 20, 1970
Creator: Tansill, William R.
Partner: UNT Libraries Government Documents Department

War Powers Resolution: Presidential Compliance

Description: Two separate but closely related issues confront Congress each time the President introduces armed forces into a situation abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution. The other issue is whether or not Congress concurs in the wisdom of the action. A longer-term issue is whether the War Powers Resolution is an appropriate and effective means of assuring congressional participation in actions that might get the United States involved in war.
Date: July 11, 2006
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department