Posted by Orin Kerr:
OLC Memo on War Powers:
[1]Newsweek points out that the Justice Department's website has
posted a copy of the Office of Legal Counsel's September 25, 2001 memo
to the White House on the President's war powers post-9/11. You can
read the memo [2]here. From its first paragraph:
[The White House has] asked for our opinion as to the scope of the
President's authority to take military action in response to the
terrorist attacks on the United States on September 11, 2001. We
conclude that the President has broad constitutional power to use
military force. Congress has acknowledged this inherent executive
power in both the War Powers Resolution, Pub. L. No. 93-148, 87
Stat. 555 (1973), codified at 50 U.S.C. �� 1541-1548 (the "WPR"),
and in the Joint Resolution passed by Congress on September 14,
2001, Pub. L. No. 107-40, 115 Stat. 224 (2001). Further, the
President has the constitutional power not only to retaliate
against any person, organization, or State suspected of involvement
in terrorist attacks on the United States, but also against foreign
States suspected of harboring or supporting such organizations.
Finally, the President may deploy military force preemptively
against terrorist organizations or the States that harbor or
support them, whether or not they can be linked to the specific
terrorist incidents of September 11.
Thanks to [3]Howard for the link to the Newsweek story.
References
1. http://msnbc.msn.com/id/6732484/site/newsweek/
2. http://www.usdoj.gov/olc/warpowers925.htm
3.
http://www.legalaffairs.org/howappealing/2004_12_01_appellateblog_archive.html#110346861915013504
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