Presidents' Day, the National Security Constitution, and the Russian Invasion Anniversary

This Presidents’ Day episode on presidential power over war and foreign policy coincides with the one-year anniversary of Russia’s invasion of Ukraine, Feb. 24th. A veteran of four administrations' foreign policy teams, Yale Law professor Harold Koh, and Fordham Law colleagues Martin Flaherty and Tom Lee connect both topics: the Russian invasion, the history of presidential power, and the overlapping questions of national security and the risks to democracy from the outside – and from within the Oval Office. Harold Koh is a visiting professor at Fordham this spring, and Sterling Professor of International Law and former Dean at Yale Law School. He has served under four US presidents: in the Reagan DOJ, the Clinton State Department, the Obama State Department, and recently as Senior Advisor to the Biden State Department. He is author of the book “The National Security Constitution,” and discusses his update, “The 21st Century National Security Constitution.” Tom Lee is Leitner Family Professor of International Law at Fordham. Tom has a forthcoming book, “Justifying War,” and he also has extensive experience in the U.S. military in intelligence and in the Defense Department as special counsel. Marty Flaherty is Leitner Family Professor of Law and Founding Co-Director of the Leitner Center for International Law and Justice at Fordham Law School. He is the author of the Restoring the Global Judiciary: Why the Supreme Court Should Rule in Foreign Affairs, and he is also a leading expert on the history of the presidency, especially at the Founding.