This advanced, practice-focused seminar examines the legal frameworks governing the use of U.S. military force, with a central focus on the Authorization for Use of Military Force (AUMFs) and the War Powers Resolution. The course explores how constitutional principles, statutory authorities, and international law interact in real-world decisions to deploy military force.
Students will analyze how lawyers advise Presidents, members of Congress, military leaders, and national security officials on the legality of military operations—ranging from counterterrorism strikes to large-scale armed conflicts. The course focuses on operational realities, including time-sensitive decision-making, intelligence uncertainty, and political pressures.
The seminar treats the law governing the use of force as a high-stakes strategic discipline, where legal advice shapes military action, diplomatic outcomes, and constitutional balance. Students will develop practical skills in legal interpretation, risk assessment, and advising in crisis environments.
This course assumes prior study of constitutional law or national security law.
Course Objectives
By the end of the course, students should be able to:
1. Understand constitutional and statutory frameworks governing use of force.
2. Analyze presidential authority under Article II.
3. Evaluate the scope and interpretation of AUMFs.
4. Assess congressional oversight under the War Powers Resolution.
5. Understand interaction with international law on the use of force.
6. Analyze legal justifications for military operations.
7. Evaluate risks of unauthorized or contested uses of force.
8. Advise clients on legal and strategic implications of military action.
9. Navigate separation of powers conflicts.
10. Apply legal principles to real-world military scenarios.
