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Michael Glennon on Chapter VII and Congressional Authorization

29 Mar Michael Glennon on Chapter VII and Congressional Authorization

29.03.11 |

I don’t have anything of my own to add to the very instructive debate underway over Congressional authority and war powers, and actions authorized by the Security Council under Chapter VII.  However, to go with the terrific interventions by Michael Ramsey and others, I wanted to flag Michael Glennon’s 1991 AJIL article on this topic, which he has now put up at SSRN as an intervention in the current debate.  The abstract reads:

A resolution of the UN Security Council authorizing the use of force cannot substitute for congressional approval under the United States Constitution or the War Powers Resolution.

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Jordan
Jordan

Response…
For the opposite view, see, e.g., Paust, 35 Cornell Int’l L.J. 533, 548-56 (2002) & 26 Ga. J. Int’l & Comp. L. 15, 19-25 (1996).  Isn’t it interesting that Sec. 2(c) of the War Powers Resolution ONLY addresses the powers of the President “as Commander-in-Chief” and not other presidential powers.  And what does Sec. 8(b) provide with respect to U.N. headquarters operations?  And does Sec. 8(d)(1) save all of the President’s powers, and “existing treaties”?

13 years ago