Bi-Weekly Discussion - Limiting Presidential War Powers

Hosted by Brian B. and Gordon

Philadelphia Political Agnostics

Details

This is going to be an online meetup using Zoom. If you've never used Zoom before, don't worry — it's easy to use and free to join.

Click on the link above at the scheduled date/time to log in...

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LIMITING PRESIDENTIAL WAR POWERS

INTRODUCTION:

As some of our members may have noticed, this discussion was originally entitled "Trump's Actions in Latin America" and focused on the administration's strikes on suspected drug trafficker boats ("Operation Southern Spear") and the military raid on Venezuela on Jan. 3rd ("Operation Absolute Resolve") that led to the capture of President Nicolas Maduro and his wife. However, with the recent launching of U.S. & Israeli air strikes on Iran in an effort to topple the regime ("Operation Epic Fury"), it makes sense to broaden the topic to address why presidential war powers may need to be restrained by domestic law and/or international law, and why neither have proven particularly effective at restraining U.S. foreign policy so far. We'll also look at why some people oppose more Congressional limits on the president's war powers and/or restraints from international bodies like the United Nations or International Criminal Court. The last section is devoted to the broader question of our moral duties to foreigners, both negative (i.e. respecting their sovereignty & leaving them alone) and positive (i.e. protecting them from an abusive government or foreign invasion).

RELEVANT MATERIAL FROM PAST MEETUPS:

Back in March 2025, we had a meetup entitled "What Is/Was the 'Liberal International Order'?" In the 3rd section, we discussed the role of US military alliances and "Pax Americana" supporting the post-WW2 order and concerns that Trump pulling back from NATO could undermine that. In the 4th section, we discussed the roles of multilateral agreements and international law in supporting a "rules-based order" which Trump is increasingly flouting with aggressive military actions in his 2nd term.

Back in April 2025, we had a meetup entitled "Is There a 'Trump Doctrine'?" where we looked at various theories of Trump's foreign policy. In the 3rd section, we looked at the possibility that Trump is trying to revive the Monroe Doctrine by focusing on cultivating America's sphere of influence in the Western hemisphere, and that this helps explain his remarks about making Canada the 51st state, taking Greenland from Denmark, retaking the Panama Canal, and possible strikes on Mexican drug cartels. Although we didn't cover it, this explanation would also cover Trump's strikes on suspected drug boats and the raid on Venezuela.

Back in July 2025, we had a meetup entitled "The Iran-Israel Conflict", and in the 4th section we discussed the domestic political rifts over Trump's decision to strike Iranian nuclear facilities and the Senate's failure to overturn Trump's Iran war powers veto.

DIRECTIONS ON HOW TO PREPARE FOR OUR DISCUSSION:

The videos & articles you see linked below are intended to give you a basic overview of some of the major debates over the extent to which the U.S. president's war powers should be constrained by domestic & international law. As usual, I certainly don't expect you to read all the articles prior to attending our discussion.

The easiest way to prepare for our discussion is to just watch the videos linked under each section. Together, they come to about 45 minutes. In terms of the articles, you can browse and look at whichever ones you want, but don't worry - we'll cover the stuff you missed in our discussion.

In terms of the discussion format, my general idea is that we'll address the topics in the order presented here. I've listed some questions under each section to stimulate discussion. We'll do our best to address most of them, as well as whatever other questions our members raise. I figure we'll spend about 40 minutes on each section.

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I. What constraints does domestic law put on the President’s actions regarding (or arguably regarding) national security and foreign affairs? What constraints should domestic policy put on the President?

1a) The Federalist Society, "Constitutional War Power: The Founders' Framework" (video - 2:53 min.)
https://www.youtube.com/watch?v=nzUldsTWou4

1b) R.H. Smith Center for the Constitution, "Contemporary Presidential War Powers" (video - 9:39 min.)
https://www.youtube.com/watch?v=Re3am0wSAts

* "How the War Powers Resolution Works—And Why It Rarely Stops Presidents" GovFacts (Jan 16, 2026)
https://govfacts.org/policy-security/military/war-powers/how-the-war-powers-resolution-works-and-why-it-rarely-stops-presidents/

* “War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution” EveryCRSReport.com (February 17, 2012)
https://www.everycrsreport.com/reports/RL30352.html

* Shirin Sinnar. "Courts Have Been Hiding Behind National Security for Too Long". Brennan Center for Justice. (August 11, 2021)
https://www.brennancenter.org/our-work/analysis-opinion/courts-have-been-hiding-behind-national-security-too-long

* The White House. "Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua" (March 15, 2025)
https://www.whitehouse.gov/presidential-actions/2025/03/invocation-of-the-alien-enemies-act-regarding-the-invasion-of-the-united-states-by-tren-de-aragua/

* Ilya Somin, “Could the President Invoke the Alien Enemies Act in Response to the 'British Invasion' of Rock Stars Like the Beatles? In a crucial appellate court oral argument, the Trump Administration admits that their position says the answer is 'yes.'” Reason (January 23, 2026)
https://reason.com/volokh/2026/01/23/could-the-president-invoke-the-alien-enemies-act-in-response-to-the-british-invasion-of-rock-stars-like-the-beatles/

* Charlie Savage and Eric Schmitt, “Trump ‘Determined’ the U.S. Is Now in a War With Drug Cartels, Congress Is Told.” New York Times (Oct. 2, 2025)
https://www.nytimes.com/2025/10/02/us/politics/trump-drug-cartels-war.html

* Jacob Sullum, "The 'Law Enforcement' Rationale for Invading Venezuela Is an Open-Ended License for War." Reason. (Jan. 7, 2026)
https://reason.com/2026/01/07/the-law-enforcement-rationale-for-invading-venezuela-is-an-open-ended-license-for-war/

* Ilya Shapiro, Santiago Vidal Calvo, "Yes, Trump’s Venezuela Moves Are Legal." City Journal (Jan. 6, 2026)
https://www.city-journal.org/article/trump-venezuela-nicolas-maduro-legal

II. Is the U.S. constrained by international law? Should it be?

2a) Crash Course, "What Are the Rules of War? Just War Theory" (video - 12:05 min.)
https://www.youtube.com/watch?v=VNbpj4rs3Hw

2b) ABC News, "War Crimes Explained: The Rules of War, Crimes Against Humanity & Genocide" (video - 8:01 min.)
https://www.youtube.com/watch?v=f0RydVCnco4

* Kal Raustiala, "International Law Explained" Big Think (video - 4:36)
https://www.youtube.com/watch?v=8Zeein83DdU

* International Committee of the Red Cross. "Frequently asked questions: Rules of war" (July 20, 2023)
https://www.icrc.org/en/document/FAQ-rules-of-war-ihl

- Read the following questions:
a. International humanitarian law: what are we talking about?
b. When does IHL apply?
c. Who is bound by IHL?
d. What protection does IHL afford to the wounded, sick or shipwrecked?

* Wikipedia contributors, "Just war theory," Wikipedia, The Free Encyclopedia
https://en.wikipedia.org/w/index.php?title=Just_war_theory (Start at “criteria”)

* "Q&A: The International Criminal Court and the United States." Human Rights Watch (September 2, 2020)
https://www.hrw.org/news/2020/09/02/qa-international-criminal-court-and-united-states

* Lisa Gambone, "The US & The ICC: The Argument Against." Foreign Policy Assn.
https://fpa.org/the-us-the-icc-the-argument-against/

* Steven Groves and Brett Schaefer. "The U.S. Should Not Join the International Criminal Court." The Heritage Foundation (August 18, 2009)
https://www.heritage.org/report/the-us-should-not-join-the-international-criminal-court

* Ludovic Hood, “Stephen Miller Channels Hans Morgenthau.” The National Interest (January 20, 2026)
https://nationalinterest.org/feature/stephen-miller-channels-hans-morgenthau

* Bonnie Kristian, “Stephen Miller Is Wrong About the World.” Christianity Today (January 15, 2026)
https://www.christianitytoday.com/2026/01/stephen-miller-is-wrong-venezuela/

* James Burnham & Dan Katz, "Gaza and the Problem with International Law: The belief that international law should override the judgment of nation-states may be ending." City Journal (July 16, 2024)
https://www.city-journal.org/article/gaza-and-the-problem-with-international-law

III. Are there moral or ethical limits on US foreign policy? Do we owe any duty to foreigners?

3a) CFR Education, "Sovereignty Explained" (video - 4:40 min.)
https://www.youtube.com/watch?v=0EggqmMixig

3b) Korczyk's Class, "Responsibility to Protect (R2P) in Global Politics Explained" (video - 8:25 min.)
https://www.youtube.com/watch?v=qQ3pJiNCH64

* Philipp Kachalin, "What Does The 'Moral Circles' Heatmap Mean And How Accurate Is It? Analyzing The 'Opinion Dismissed' Chart." KnowYourMeme.com (January 9, 2025)
https://knowyourmeme.com/editorials/guides/what-does-the-moral-circles-heatmap-mean-and-how-accurate-is-it-analyzing-the-opinion-dismissed-chart

* Richard Wike, et al., "Majorities of Americans Support Several – But Not All – Types of Foreign Aid" Pew Research (May 1, 2025)
https://www.pewresearch.org/global/2025/05/01/majorities-of-americans-support-several-but-not-all-types-of-foreign-aid/

* Jakub Grygiel, "Do We Have an Obligation to Address Injustices Abroad?" Public Discourse (April 17, 2023)
https://www.thepublicdiscourse.com/2023/04/88169/

* "Trump says if Iran 'kills peaceful protesters,' the U.S. will 'come to their rescue'" CBS News. (January 2, 2026)
https://www.cbsnews.com/news/trump-iran-protests-us-will-come-to-their-rescue/

* Global Centre for the Responsibility to Protect. “What is R2P?”
https://www.globalr2p.org/what-is-r2p/

* Robert Cooper, "The Morality of Amorality in Foreign Policy." Transit Online (2003)
https://www.iwm.at/transit-online/the-morality-of-amorality-in-foreign-policy

* Fernando Tesón, "The liberal case for humanitarian intervention." SSRN.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=291661 (Pages 1-3 only)

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Philadelphia Political Agnostics

Bi-Weekly Discussion - Limiting Presidential War Powers

Philadelphia Political Agnostics

Details

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