Constitution Daily

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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. 


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

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