Congressional authority needed for major foreign conflicts
In considering Judge Brett Kavanaugh's Supreme Court nomination, there are many important unknowns. In regard to national security and foreign affairs, however, there is little such ambiguity. Kavanaugh has a long, established
track record on such matters - generally viewing them as issues for Congress and the executive, not the judiciary, to decide. A recurring theme across numerous Kavanaugh opinions is that a court cannot freelance on such matters.
In a "Lawfare" review of Judge David Barron's book "Waging War," Kavanaugh lauded Barron's "originalist and historical-practice case"
that congressional authorization is needed for substantial foreign conflicts and that Congress can regulate the president's conduct of warfare.
