03 July 2025
The Constitution’s Midnight
Resolving some legal issues requires drawing a line through a gray area. Others can be resolved without having to draw a line, in recognition of an old insight: that there is a dawn and a dusk does not mean there is no noon or no midnight. Whether the President had power under the Constitution to attack Iran without congressional approval is an issue that falls in the latter category, within the Constitution’s midnight: wherever a line might be drawn in harder cases, this is not one of them. Continue reading >>
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