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The Lawfare Podcast

War Powers History You Never Knew with Matt Waxman

The Lawfare Podcast

The Lawfare Institute

International Law, Law, Government, Foreign Policy, News, Politics, Rule Of Law, International Relations, Current Events, Military, Constitutional Law, Intelligence, National Security, History, Terrorism, Diplomacy

4.7 • 6.4K Ratings

🗓️ 9 March 2019

⏱️ 62 minutes

🧾️ Download transcript

Summary

For the past year, Matt Waxman has been writing Lawfare vignettes about interesting—and usually overlooked—historical episodes of American constitutional war powers in action, and relating them to modern debates. These include the stories of St. Claire’s Defeat and the Whiskey Rebellion during the Washington administration, congressional war powers and the surprisingly late termination of World War I, the proposed Ludlow Amendment during the interwar years, and Eisenhower’s Taiwan force authorization.

Ben Wittes invited Matt on the podcast to talk about them and how they fit together into a book broader project he's embarking on. If you’re tired of hearing the usual war powers debates, listen in. And even if you think you know a lot about constitutional war powers, you’ll learn a lot.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

0:08.0

become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull, and the aftermath.

0:29.0

This is a real weakness, I think, of Wilson.

0:37.0

I think he really misunderstands a lot of American politics when it comes to foreign policy,

0:45.0

or he just is so arrogant that he refuses to engage in it.

0:49.0

But to your question about the end of World War One,

0:53.0

I would say that November 11th, but becomes Armistice Day,

0:57.0

is kind of akin to what we might call today the end of major combat operations.

1:03.0

That's when the guns fall silent, but is not as a matter of domestic law,

1:09.0

the end of the war, and not therefore the end of war powers.

1:15.0

I'm Benjamin Wittes and this is the LawFair podcast March 9th, 2019.

1:21.0

For the past year, Matt Waxman has been writing short LawFair vignettes

1:27.0

about interesting and usually overlooked historical episodes of American war powers in action

1:33.0

and relating them to modern debates.

1:37.0

These have been spin-offs from a larger book project that he's been working on

1:41.0

and have included the stories of St. Clair's defeat and the whiskey rebellion

1:45.0

during the Washington administration.

1:48.0

Congressional war powers and the surprisingly late termination of World War One,

...

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