Constitution Daily

Smart conversation from the National Constitution Center

Podcast: Is the fight against ISIS legal?

November 10, 2017 by NCC Staff

 

Is the battle against ISIS legal on constitutional grounds, or an overreach of executive authority? Those questions were before a federal appeals court in late October, after an Army captain sued the executive branch for lacking specific authorization from Congress to attack the terrorist group.

Current President Donald Trump is now part of the case, called Smith v. Trump, which had its day in court on October 27 at the District of Columbia Court of Appeals. Also under debate is the subject of the President’s ability to take military actions outside of the War Powers Resolution, an act of Congress from the 1970s that most Presidents have ignored.

Bruce Ackerman, Sterling Professor of Law and Political Science at Yale Law School, and Chris Fonzone, Former Deputy White House Counsel and National Security Council Legal Adviser under President Obama, join National Constitution Center president and CEO Jeffrey Rosen to discuss a lawsuit challenging several congressional actions used to authorize United States military actions against ISIS and other terror organizations. 

CLOSING CREDITS

Today’s show was engineered by Kevin Kilbourne and produced by Ugonna Eze and Scott Bomboy. Research was provided by Lana Ulrich.

Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm.

The National Constitution Center is offering Continuing Legal Education credits for select America’s Town Hall programs! In-person and on-demand credit is now available in Pennsylvania, with additional states to come soon. Visit constitutioncenter.org/cle for more information.

Also, please be sure to rate our podcast on iTunes and other platforms!

 The National Constitution Center is a private nonprofit. We rely on the generosity of people from across the country who are inspired by our nonpartisan mission of constitutional education and debate. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org/membership to learn more.

 

Sign up for our email newsletter