Why Congress can’t sue to end military conflicts
Despite significant military engagement, Congress did not directly authorize hostilities in either Libya or Syria. And
both instances were criticized by scholars and members of Congress as an exceedingly broad view of the president’s
constitutional powers.16 But, if Congress wanted to stop these military actions, would they have recourse in court?
Likely not. Suits challenging the president’s overreach in foreign relations have largely failed in federal court. This is because courts have been consistently unwilling to second guess the executive branch’s military decision-making, and
have instilled common law barriers that firmly limit judicial engagement. Two of the more common legal barriers barring
Congress’s success in federal court include the doctrines of standing and political question… (Read more)