Video from Professor Edelson Appearance on C-SPAN

Emergency Presidential Powers

American University Chris Edelson talks about his book his new book, Emergency Presidential Power. In the book he examines how U.S. presidents have tested and pushed the limits of their emergency powers.

View it online on C-SPAN’s website.

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New Post by Prof Edelson on Huffington Post: The Shutdown and the Case for Federal Government

Check out this latest blog on Huffington Post.  An excerpt: “Republicans are establishing an identity as the anti-government party, as one business leader recently put it. This calls to mind Ronald Reagan’s famous declaration that “government is not the solution to our problem; government is the problem.” President Reagan was talking specifically about the economy, but his assertion has been applied more and more broadly by his political heirs. The anti-government crowd has a point: too much government can be a problem and it can be dangerous. There can be waste, mismanagement, even oppressiveness in government. But they are missing another point. While it can be dangerous for government to be too large or have too much power, it can also be dangerous when government does not have enough power. The Framers of the Constitution understood this problem all too well. The Articles of Confederation failed because it did not give the federal government enough power to deal with national problems. American revolutionaries, having taken up arms against an overbearing central government, worried about giving government too much power. But they overlooked the danger of going too far and creating a federal government that was dangerously weak. As a consequence, the Constitution was designed to balance two competing concerns: limiting the power of government while also making sure the federal government had enough power to deal with national problems. Today’s anti-government Republicans are ignoring the second part of the equation. It’s time to remind them that there is a reason why we have a federal government.”


Lincoln’s comments from 1861 relevant to today’s government shutdown

Check out this latest post by Prof. Edelson on the National Constitution Center’s blog re: Abraham Lincoln’s message to Congress in 1861 about accepting election outcomes is still relevant today.


LA Times discussion of Obama’s speech last night featuring Edelson commentary

Read it here or below.

Less than two weeks ago, the Obama administration appeared determined to take military action against Syria. A familiar pattern seemed to be playing out. Since World War II, presidents have claimed unilateral power to use military force without authorization from Congress. Obama had already followed this precedent himself when he ordered military action in Libya in 2011 without seeking approval from Congress.

Despite the fact that unilateral presidential military action can only be justified under the Constitution when the president is responding to an attack or imminent attack against the United States, presidential practice has stubbornly asserted itself as precedent — in part because Congress has consistently failed to check presidential authority.

This time, surprisingly, it was different. In the speech Obama gave Tuesday, he acknowledged that, given the fact that the United States faced and faces no imminent threat from Syria, the better course was for him to go to Congress. Congress deserves credit for asserting itself — more than 100 legislators signed on to letters insisting that the president not act alone, creating mounting pressure on Obama to rethink his approach. The president also deserves credit for recognizing that going to Congress was the right thing to do.

The speech showed why Obama was right to go to Congress — as he emphasized, diplomatic efforts have begun to show promise. When he announced his decision to seek legislative approval, critics argued that he was undermining the power of the presidency. John Yoo, a Department of Justice lawyer in the George W. Bush administration who has championed broad, essentially unchecked, presidential power, insisted that only the president could take the quick, decisive military action required. As Obama observed Tuesday, though, speedy action was not what was needed. Sometimes, it is better not to act. The benefit, in this case, was that diplomacy has been given a chance to work. If nothing else, the chain of events over the last 10 days should put to rest the argument that presidents are best positioned to make decisions about the use of military force because they have the ability to act quickly.

As Congress has begun to consider a use-of-force resolution authorizing military action in Syria, some have asked what Obama would do if lawmakers said no. He has said — and he said again Tuesday night — that he believes he has the authority to act alone (though he is wrong about this, in my view). However, Obama said that he has asked Congress to postpone voting on the pending legislation. This is a wise move that ought to divert attention from the question of what he might do if Congress votes no. As the president suggested, putting off voting in Congress gives more time for diplomatic efforts to play out. It also provides additional evidence that those like Yoo who insist on the value of speedy presidential action in the context of war are wrong. Outside of the emergency context, unilateral presidential military action is neither wise nor constitutional. Sometimes, immediate military action isn’t the right choice.

Chris Edelson is an assistant professor of government in American University’s School of Public Affairs, where he teaches classes on the Constitution and presidential power. He is the author of the forthcoming book, “Emergency Presidential Power: From the Drafting of the Constitution to the War on Terror.”


“The fact that presidents have done something does not necessarily make it right or constitutional.”

Prof. Chris Edelson appeared on Sinclair television affiliates last night again.  Check out the video for some compelling sound bites like “even the war powers resolution which says the president can use military force if the US is attacked or directly threatened – does not apply in this case, even if it’s been used in the past.”

 


American Constitution Society New Blog Post on Obama and Syria

Check out a new blog post today about Obama, Syria and the rule of law.


LA Times’ Paul Whitefield: American University professor Chris Edelson put it so well

Thanks Paul Whitefield at LA Times for recommending Chris Edelson’s Op-Ed on Syria.  To read Paul’s fill piece visit here – or see excerpt below:

OK, John Kerry, you convinced me: Let’s go bomb Syria! Just kidding.

Like many Americans, I have serious reservations about this country getting involved in that country’s nasty civil war.

Still, the sight of the secretary of State addressing senators about the Syrian crisis and taking questions Tuesday was, well, a sight for sore eyes. It’s about time that Congress took seriously the power invested in it by the Constitution to take this nation to war.

As American University professor Chris Edelson put it so well in his Aug. 30 op-ed in The Times,“Obama and the power to go to war”:

The president needs congressional authorization for a military attack that is not related to an actual or imminent threat to the United States. What is happening in Syria is an ongoing atrocity. Tens of thousands of people have been killed — some, it appears, by the Bashar Assad government’s use of chemical weapons. This is a moral outrage. But it is not a direct threat to the United States, and the Obama administration does not suggest otherwise.

And that sums it up pretty neatly. Americans don’t care for Assad; they certainly don’t accept the use of chemical weapons against innocent civilians. But they also don’t see how this poses a direct threat to our security. And after Iraq, and Afghanistan (and let’s not forget Somalia, and the Balkans, and heck, even Lebanon in the 1980s), well, let’s just say that being the world’s policeman is getting old.