Document Type
Article
Publication Date
10-2016
ISSN
2161-7953
Publisher
Cambridge University Press
Language
en-US
Abstract
In exploring the Obama war powers legacy, this essay examines the systemic forces inside the executive branch that influence modern presidential decision-making and, barring a total reimagining of the executive branch, will operate on administrations to come. These mechanisms and norms fall broadly within two categories: (1) features that favor continuity and hinder presidents from effecting change, including both novel assertions of executive power and attempts to dial back that power; and (2) features that incrementally aggrandize such power claims. Together, these two sets of forces operate as a one-way ratchet, slowly expanding and ultimately entrenching executive branch power.
Recommended Citation
Rebecca Ingber,
The Obama War Powers Legacy and the Internal Forces that Entrench Executive Power
,
in
110
American Journal of International Law
680
(2016).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/263
