Can Joe Biden Legally Defend Taiwan From a Chinese Attack?

Does the Biden administration have the legal authority to defend Taiwan in response to a Chinese attack? Representative Elaine Luria argued today in the Washington Post that Taiwan is in jeopardy because the President requires Congressional authorization to undertake military action in defense of the island. Getting such authorization under wartime conditions would necessarily delay the US response, possibly long enough for China to accomplish its invasion and conquest.
Luria’s argument turns on a tendentious but not wholly absurd interpretation of the War Powers Resolution (WPR). The most aggressive interpretation of the WPR is that 2.c.3 (“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 …

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Send this to a friend