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We the People

Was the Qasem Soleimani Strike Constitutional?

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 10 January 2020

⏱️ 56 minutes

🧾️ Download transcript

Summary

In this episode, two war powers experts explain and grapple with the legal and constitutional ramifications of the U.S. airstrike that killed Iranian military leader General Qassem Soleimani in Baghdad last week. Did the president have the authority under the Constitution – as Commander-in-Chief of the armed forces – and under domestic and international law to unilaterally carry out the airstrike? Can it be justified as an act of self-defense, a response to an “imminent threat”, or anything less than an act of war? Or, does the law require Congress, not the president, to authorize such strikes? John Bellinger, former State Department Legal Adviser under Secretary of State Condoleeza Rice, and Oona Hathaway, an international law professor at Yale Law and Adviser to the State Department, answer those questions and more in conversation with host Jeffrey Rosen. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:07.5

to We The People, a weekly show of constitutional debate.

0:11.3

The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.

0:21.0

Last week a U.S. Air Strike Iranian military leader Kasam Solemni in Baghdad.

0:26.6

The airstrike has raised a series of questions about war powers, the law, and the Constitution,

0:33.0

and what constitutes an imminent threat and self-defense,

0:36.4

and more.

0:37.1

Joining us to explore the legal and constitutional ramifications

0:40.2

of the Air Strike are two of America's leading experts on war powers and the Constitution.

0:45.2

Ona Hathaway is the Gerard C and Bernice Latrobe Smith professor of international law

0:50.9

and counselor to the dean at Yale Law School.

0:53.7

She's also a professor of International Law at the Yale McMillan Center

0:57.2

and the Jackson Institute for International Affairs

0:59.7

and a professor of Political Science.

1:01.8

She's a member of the Advisory Committee on International Law

1:04.1

for the Legal Advisor at the US State Department.

1:06.6

Oh, no, thank you so much for joining.

1:08.8

Thanks so much for having me.

1:10.3

And John B. Bellinger is a partner at Arnold and Porter, where he heads the firm's global law and public policy practice.

1:17.0

He previously held several senior presidential appointments in the U.S. government, including as legal advisor to the Department of State under Secretary

1:24.6

State Condoleezza Rice and as legal advisor to the National Security Council.

1:29.4

John, it's great to have you with us.

...

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