The Use of Force Without War: Constitutional War Powers and Intervention in Syria

Abstract

This paper will evaluate the arguments that the Obama administration has made under U.S. constitutional law in support of military intervention against the Syrian regime of Bashar al-Assad in response to war crimes committed during Syria’s ongoing internal conflict. Part I will discuss the crisis in Syria and the U.S. and international responses. Part II will consider the administration’s arguments that the president has the power under the U.S. Constitution to order military intervention without congressional support. This section will pay particular attention to the administration’s arguments justifying its 2011 military intervention in Libya. Part III will discuss international law under the U.S. Constitution and consider the argument that international law provides the President with the constitutional authority to use force.