Congress has overwhelmingly failed to fulfill its legislative obligations on a wide range of issues, from the national debt to the nomination of a Supreme Court justice. Most importantly, however, is Congress's complacency on issues related to national security. A new Authorization for the Use of Military Force is overdue. That would make sure too broad a definition of the 2011 AUMF doesn't get continuously exercised for years to come.
The Court's recent decision in Welch v. United States (2016) missed a valuable opportunity, Vladeck believes, to address the retroactivity of new constitutional rules that might allow for second-or-successive claims.
"It is easy to see how concluding a war in today's era might be difficult," given the broad and often conflicting interpretations of legislation for authorizing the use of force. Vladeck and other legal scholars suggest the inclusion of a sunset provision in any future authorizations so that military decisions can be reassessed.
"Stephen Vladeck, an American University law professor and national security law expert, said it would be a stretch, based on what's now known, to think Clinton could be charged under existing statutes for her behavior. The few relevant laws on the books almost certainly weren't written with this situation in mind."