Saikrishna B. Prakash
Article
Deciphering the Commander-in-Chief Clause
At the Founding, commanders in chief (CINCs) enjoyed neither sole nor supreme military authority, each military branch having many chief commanders. Thus, most presidential authority over the military stemmed from the rest of Article II, not the CINC Clause. Consequently, Congress enjoys sweeping au…
Forum
The Domestic War
We are fighting three wars, not two. Besides Iraq and Afghanistan, there is a full scale war in the press and in the academy about whether we have an imperial presidency. President Bush’s critics cry that he has violated or ignored numerous statutes; has adopted absurdly narrow understandings of o…
Article
The Executive Power over Foreign Affairs
111 Yale L.J. 231 (2001)
This Article presents a comprehensive textual framework for the allocation of the foreign affairs powers of the United States government. The authors argue that modern scholarship has too hastily given up on the Constitution's text and too quickly concluded that the Constitut…