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Abstract

My friend Marty Lederman has a characteristically useful post up about one of many important legal questions surrounding options in the current stand-off between the United States and North Korea. As he puts it: “Would it be lawful under the U.S. Constitution for Trump to use force, including nuclear weapons, as a ‘first strike’ against North Korea, in an effort to degrade that nation’s nuclear capabilities, absent evidence that Korea has already decided to strike the United States and is going to do so with no time for legislative deliberation?”

Document Type

News Article

Publication Date

8-15-2017

Source Publication

Just Security

Keywords

North Korea, Presidential Power, Donald Trump

Disciplines

Constitutional Law | Military, War, and Peace

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