War Powers and Fig Leaves: When Law Pretends and Politics Decides by Lawson Akhigbe

There is something almost theatrical about the War Powers Resolution. Passed in the long shadow of Vietnam, it was meant to do something radical: put a leash on presidential war-making. Congress, having watched successive administrations drift from “advisers” to full-scale պատերազմ without so much as a by-your-leave, decided it wanted its constitutional keys back. Half …

Unlawful Orders, Lawful Refusals: When Soldiers Say No

One of the more persistent myths about the military—American or otherwise—is that it runs on blind obedience. Orders come down, and they are followed. Full stop. Reality is less convenient, and far more interesting. Modern military law, particularly in the United States, is built on a different premise: obedience is required, but only to lawful …