Matthew Pheneger Archives - JURIST - Commentary

Commentaries by Matthew Pheneger

The Constitutionality of Operation Midnight Hammer: Exploring Trump’s Iran Strikes Under US Law

August 15, 2025 03:19:06 pm

In addition to its as-yet undetermined consequences for a potential US-Iran nuclear deal, “Operation Midnight Hammer”—the US military operation that involved aerial strikes on three key Iranian nuclear facilities in June—has brought a long-standing legal debate with considerable implications for US foreign policy to the fore: the scope of executive war powers under the US [...]

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President Lincoln offered amnesty to Confederates

On December 8, 1863, President Abraham Lincoln issued a proclamation offering amnesty to all citizens of the Confederacy who swore an oath to uphold the US Constitution. Because of confusion over who was to administer the oath, Lincoln issued another proclamation on March 26, 1864, empowering "any commissioned officer, civil, military, or naval in the service of the United States", as well as those persons in the territories which were "not in insurrection who were by the laws therefore qualified for administering oaths." Both Proclamations specified that military prisoners and others held for crimes against the United States were ineligible for amnesty, although Confederate deserters could volunteer to take the oath.

South American Union formed by Cusco Declaration

On December 8, 2004, the leaders of all 12 countries in South America signed the Cusco Declaration, creating the Union of South American Nations. The organization is intended to evolve into a union similar to the European Union with a Presidency, Parliament, Central Bank and eventual single currency.