Andrew Kent was quoted in Politifact regarding the constitutionality of President Trump’s recent airstrikes in Syria.
For most of American history, the consensus view among politicians and legal scholars was that the Founding Fathers meant for Congress to have the “sole authority” in deciding to initiate any hostilities or war with another country. Although this remains the most common view among academics, actual practice has diverged significantly, said Andrew Kent, a law professor at Fordham University and an expert in the Constitution and national security.
“Hence, there is a kind of customary law of war initiation in modern times that has supplanted a long-held view, and the view of the Founders, about what the Constitution means,” Kent said.
