The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Prof. Jack Goldsmith (Harvard Law) "On the Legality of the Venezuela Invasion"
This isn't my field, so I can't offer any independent judgment on it—but it is Goldsmith's, and I generally think his work is well-informed, thoughtful, and fair-minded, so I thought I'd pass along his analysis. Here's his Conclusion:
In sum, it would not be terribly hard for the Justice Department to write an opinion in support of the Venezuela invasion even if the military action violates the U.N. Charter.
To repeat, that does not mean that the action is in fact lawful—and it pretty clearly isn't under the U.N. Charter. It only means that the long line of unilateral executive branch actions, supported by promiscuously generous executive branch precedents, support it. As I wrote in connection with the Soleimani strike: "our country has—through presidential aggrandizement accompanied by congressional authorization, delegation, and acquiescence—given one person, the president, a sprawling military and enormous discretion to use it in ways that can easily lead to a massive war. That is our system: One person decides."
This is not the system the framers had in mind, and it is a dangerous system for all the reasons the framers worried about. But that is where we are—and indeed, it is where we have been for a while.
