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Niko Bowie

@nikobowie.bsky.social

Law professor https://hls.harvard.edu/faculty/nikolas-bowie/

10,850 Followers  |  465 Following  |  251 Posts  |  Joined: 07.05.2023
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Posts by Niko Bowie (@nikobowie.bsky.social)

β€œAccuracy” in this context is impossible to assess independently of who is doing the assessment. The president’s longtime view of his constitutional power is enormous. Congress, by statute, has adopted a narrower view. Both may appeal to the constitution, but only one has specific law on its side

28.02.2026 15:20 β€” πŸ‘ 5    πŸ” 2    πŸ’¬ 2    πŸ“Œ 0

I also disagree that the rest of the statute is written as if 2(c) isn’t binding. It’s written in light of 2(c)β€”eg, the reporting requirements are written in light of force used with (2) statutory authorization or (3) an emergency. The leg veto is written contemplating (3) an emergency

28.02.2026 15:17 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

It’s more than a finding. A law saying a president may remove an officer only if A, B, or C is true is violated if the president removes an officer for D.

28.02.2026 14:43 β€” πŸ‘ 5    πŸ” 2    πŸ’¬ 2    πŸ“Œ 0

I’m aware of how OLC has long interpreted 2(c). I think that interpretation is far too narrow. It matters not only that nothing in the Constitution permits this, but also Congress has enacted legislation confirming that nothing permits this.

28.02.2026 14:43 β€” πŸ‘ 8    πŸ” 2    πŸ’¬ 2    πŸ“Œ 0

It's almost like the Trump presidency is ... the Chadha presidency ...

28.02.2026 14:17 β€” πŸ‘ 157    πŸ” 28    πŸ’¬ 3    πŸ“Œ 2

It’s an interpretation embodied in law. Current law says the president can introduce force into hostilities only in three circumstances. None of those are present here. That’s a violation.

I’d support additional consequences for a violation. But it violates this as much as it does the Constitution

28.02.2026 14:15 β€” πŸ‘ 6    πŸ” 3    πŸ’¬ 1    πŸ“Œ 0
article 8bis of the rome statute of the international criminal court

article 8bis of the rome statute of the international criminal court

continuation of article 8bis

continuation of article 8bis

posting, once again, the well-established definition of the crime of aggression in the rome statute for the ICC

28.02.2026 07:03 β€” πŸ‘ 1484    πŸ” 533    πŸ’¬ 10    πŸ“Œ 18

β€œTo initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.”

Judgment of the international Military Tribunal at Nuremberg, Germany.

28.02.2026 13:04 β€” πŸ‘ 410    πŸ” 221    πŸ’¬ 1    πŸ“Œ 11

I disagree that β€œviolates the Constitution” should be read in isolation from Sec. 2. That section is how current law interprets presidential power, and the president is violating that interpretation.

28.02.2026 12:44 β€” πŸ‘ 10    πŸ” 2    πŸ’¬ 1    πŸ“Œ 0
Trump Vetoes Measure to Force End to U.S. Involvement in Yemen War
A man inspecting the site of an airstrike by the Saudi-led coalition last week in Sana, Yemen. Hani Mohammed/Associated Press
By Mark Landler and Peter Baker
April 16, 2019
WASHINGTON - President Trump vetoed a bipartisan resolution on Tuesday that would have forced an end to American military involvement in Saudi Arabia's civil war in Yemen, rejecting an appeal by lawmakers to his own deeply rooted instincts to withdraw the United States from bloody foreign conflicts.
The veto, only the second time Mr. Trump has used his power to block legislation passed by both houses of

Trump Vetoes Measure to Force End to U.S. Involvement in Yemen War A man inspecting the site of an airstrike by the Saudi-led coalition last week in Sana, Yemen. Hani Mohammed/Associated Press By Mark Landler and Peter Baker April 16, 2019 WASHINGTON - President Trump vetoed a bipartisan resolution on Tuesday that would have forced an end to American military involvement in Saudi Arabia's civil war in Yemen, rejecting an appeal by lawmakers to his own deeply rooted instincts to withdraw the United States from bloody foreign conflicts. The veto, only the second time Mr. Trump has used his power to block legislation passed by both houses of

The Court declared this sort of congressional check unconstitutional. It said the president has to be able to veto meaningful votes by Congress. And because of the Court’s flawed interpretation of the Constitution, the president has simply ignored Congress.

28.02.2026 12:39 β€” πŸ‘ 624    πŸ” 133    πŸ’¬ 4    πŸ“Œ 7

It’s worth emphasizing that the Supreme Court has propped up this presidential lawlessness.

When Congress enacted limits on presidential power in 1973, it included an enforcement provision. If the president said there’s an β€œemergency from attack” and Congress disagreed, it could order troops home.

28.02.2026 12:39 β€” πŸ‘ 2384    πŸ” 503    πŸ’¬ 21    πŸ“Œ 9
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Trump might start a war with Iran. Can anyone stop him? Trump might start a war with Iran. Can anyone stop him? Congress, public opinion, and administration insiders aren’t reliable constraints on Trump’s foreign policy decisions.

Quick reactions after learning that no, nobody could stop him. 1/ goodauthority.org/news/trump-m... 1/

28.02.2026 11:54 β€” πŸ‘ 639    πŸ” 236    πŸ’¬ 16    πŸ“Œ 48

Trump is far from the first president to violate these promises. But he must be the last.

28.02.2026 12:08 β€” πŸ‘ 97    πŸ” 13    πŸ’¬ 2    πŸ“Œ 0
UN Charter: 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

UN Charter: 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Mem- (continued)

Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Mem- (continued)

ber of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

ber of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

A foundational principle of our treaties is our promise not to attack other countries absent a resolution from the UN Security Council or an armed attack by that country that requires self defense.

28.02.2026 12:07 β€” πŸ‘ 89    πŸ” 21    πŸ’¬ 1    πŸ“Œ 0
SEC. 2. [50 U.S.C. 1541] (a) It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the cir-cumstances, and to the continued use of such torces in hostilities or in such situations.
(b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

SEC. 2. [50 U.S.C. 1541] (a) It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the cir-cumstances, and to the continued use of such torces in hostilities or in such situations. (b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof. (c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

The Constitution makes federal law and treaties the supreme law of the land. Federal law says the president may not introduce US forces into β€œhostilities” absent (1) a declaration of war, (2) statutory authorization, or (3) β€œa national emergency created by attack” on the US or its forces.

28.02.2026 12:00 β€” πŸ‘ 111    πŸ” 28    πŸ’¬ 1    πŸ“Œ 0

This is an unjust, illegal war. It violates our treaties and our laws. Presidential impunity must end.

28.02.2026 11:45 β€” πŸ‘ 542    πŸ” 105    πŸ’¬ 5    πŸ“Œ 4
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My book is available for pre-order! Get your copy here: www.cambridge.org/us/universit...

18.02.2026 16:44 β€” πŸ‘ 81    πŸ” 29    πŸ’¬ 4    πŸ“Œ 2

I met Jesse Jackson when I was a kid. He taught me to say β€œI am somebody. I’m black and I’m proud.” RIP to a real one

17.02.2026 12:30 β€” πŸ‘ 111    πŸ” 8    πŸ’¬ 1    πŸ“Œ 0
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Trump administration drops appeal of court order blocking $1.2-billion UCLA settlement The Trump administration dropped its appeal of a major higher education case in which a federal judge blocked its $1.2-billion settlement proposal to UCLA over alleged civil rights violations. It will...

This is a genuinely huge, sweeping victory today for the University of Californiaβ€”or rather, for us, its faculty, acting through our faculty associations, while the UC itself maintained a strict policy of deer-in-headlights silence.

The Trump admin has given up its appeal of a powerful injunction:

14.02.2026 04:57 β€” πŸ‘ 2425    πŸ” 760    πŸ’¬ 25    πŸ“Œ 59
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Whistling at the Edge of Law The whistle is sounding in Minneapolis. The question before the legal profession is whether we will hear it, amplify it, and act accordingly, or instead insist that the ground eroding beneath our feet...

a beautifully written and powerful piece from University of Minnesota Law professor Emmanuel MauleΓ³n on the stakes of how the legal profession responds in this moment.

lpeproject.org/blog/whistli...

12.02.2026 14:07 β€” πŸ‘ 45    πŸ” 32    πŸ’¬ 2    πŸ“Œ 4

This is all due to the incredible resistance of the people of Minnesota.

Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.

I have never been prouder to be a Minnesotan.

12.02.2026 14:23 β€” πŸ‘ 2884    πŸ” 499    πŸ’¬ 81    πŸ“Œ 24
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Opinion | Affordability and the β€˜Epstein Class’ Will Define American Politics

β€œWhen Citizens United was decided in 2010, billionaires had spent $18 million on the 2000 election, $13M 2004 and $16M in 2008. Then came the deluge. In 2012 it was $231M, and nearly doubled again in next three election cycles β€”to $682M in 2016, $1.2 billion in 2020 and $2.6 billion in 2024.” Gift:

12.02.2026 01:57 β€” πŸ‘ 2026    πŸ” 1018    πŸ’¬ 54    πŸ“Œ 136
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Amna A. Akbar | In South Minneapolis ICEΒ have gone from wearing tactical army gear to Midwestern civilian garb; I have even seen photos of agents in...

a powerful account of what’s happening in Minneapolis from Amna Akbar

www.lrb.co.uk/blog/2026/fe...

11.02.2026 00:11 β€” πŸ‘ 149    πŸ” 80    πŸ’¬ 1    πŸ“Œ 9

Unmarked car, no lights or police insignia. Masked armed men leap out. Victim not in the act of committing any crime. This is not how a serious federal law enforcement agency acts in a free society.

How is this not supposed to be a β€œright wing paramilitary force loyal to the regime”?

31.01.2026 21:34 β€” πŸ‘ 6160    πŸ” 2098    πŸ’¬ 147    πŸ“Œ 59

!!!

25.01.2026 23:04 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

actually communicating β€œI’m here and I’m working for you and here’s how” is an aspect of governing that’s neglected by far too many people who think the work speaks for itself (or, frankly, don’t have the communication chops Zohran does)

this is how you combat the forces that want to make you fail

25.01.2026 18:21 β€” πŸ‘ 2912    πŸ” 457    πŸ’¬ 43    πŸ“Œ 18

TikTok coverage seems to have become somewhat numb to this, but worth remembering that the President simply refusing to enforce a *crystal-clear* law of Congress for over a year to instead broker a deal on his own terms, & Congress just shrugging, is very much not how this was supposed to work

23.01.2026 17:26 β€” πŸ‘ 132    πŸ” 41    πŸ’¬ 3    πŸ“Œ 5
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Newly unsealed evidence makes it even clearer that Rubio and Noem knew they were targeting students based solely on their political speech and that they knew this policy was unconstitutional. They just didn’t care. www.nytimes.com/2026/01/22/u...

23.01.2026 11:30 β€” πŸ‘ 5436    πŸ” 2010    πŸ’¬ 77    πŸ“Œ 105
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How Trump Is Pushing to Expand Presidential Power A breakdown of the presidential powers President Trump has sought for himself, including what he did to obtain power and what’s next.

One year in, a helpful summary

21.01.2026 21:12 β€” πŸ‘ 7    πŸ” 4    πŸ’¬ 0    πŸ“Œ 0

you know this guy is a FOR REAL photographer because he's telling the story of his brutal, unconditional arrest by federal goons and can't help but slip in a gear review

17.01.2026 15:37 β€” πŸ‘ 16562    πŸ” 3330    πŸ’¬ 161    πŸ“Œ 57