09 Jan War on Terrorism Conference
If you are in southern California next weekend there will be a conference at Pepperdine on Friday, January 19 on the subject of “The War on Terrorism: Examining the Roles of Congress, The President, and the Courts.” Panelists include Akhil Amar (Yale), Neal Katyal (Georgetown), Eric Posner (Chicago), John Yoo (Boalt Hall), Janet Alexander (Stanford), and Michael Paulsen (Minnesota). Pepperdine faculty members Ken Starr, Doug Kmiec, Bob Pushaw and others will moderate.
Should be a great event. Here is the program description:
Shortly after 9/11, Congress authorized the President to use “all necessary and appropriate force” against the perpetrators. George Bush invoked this law and his independent constitutional power to wage wars in Afghanistan and Iraq, detain suspected “enemy combatants,” and try them by military commissions he created. The Supreme Court held in 2004 that detainees have a due process right to an impartial hearing (Hamdi) and in 2006 that the President cannot independently establish military commissions (Hamdan).
Last October, Congress authorized such military tribunals and provided that they will not be bound by international human rights laws and treaties. In November, however, voters gave Democrats control of Congress. This shift will prompt Congress and President Bush to take a fresh look at war-making under the Constitution. To illuminate this process, this Symposium will address the following questions:
Can Congress alone initiate war? If so, does it matter whether Congress declares war, issues a formal resolution, or simply supports a war through funding?
What is the scope of the President’s war powers? Does he always need legislative approval before acting? Or can he proceed independently? If so, under what circumstances?
Should federal courts apply ordinary or deferential standards to judicial review of military affairs? Should they treat some, or all, military decisions as “political questions” committed to the elected branches?
This event looks terrific, Roger. Any chance that the audio will be posted after? A number of law schools have begun doing this on a regular basis – American, for example, is particularly good about this – and I’d love to see more do so.
Bobby,
Yes we will have it audio and video streamed on the Internet shortly after the conference. I will provide the link when it is available.
Roger