All work by

Martin S. Lederman

Constitutional Theory

The Commander in Chief at the Lowest Ebb – A Constitutional History

Over the past half-century, discussions of constitutional war powers have focused on the scope of the President’s “inherent” power as Commander in Chief to act in the absence of congressional…

Article by David J. Barron & Martin S. Lederman
Constitutional Theory

The Commander in Chief at the Lowest Ebb – Framing the Problem, Doctrine, and Original Understanding

Over the past half-century, discussions of constitutional war powers have focused on the scope of the President’s “inherent” power as Commander in Chief to act in the absence of congressional…

Article by David J. Barron & Martin S. Lederman