Elizabeth Jo

speaker

2,299 appearances 6 recordings 1 series first heard Jun 2025 last heard 27 Mar

Elizabeth Jo’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 4 in all, peaking in Mar 2026 with 1.

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99% Invisible · Constitution Breakdown #4: Janet Napolitano · 28 Nov 2025 podcast

According to reporting from The New York Times, the Justice Department has written a document justifying the boat strikes as lawful because Trump has inherent constitutional authority to order these strikes.

Number one, because these boat strikes are in the national interest.

And two, these strikes are not war in the constitutional sense.

That's the same two-part test that we've just talked about.

So that means in one sense, the American military blowing up fishing boats in the Caribbean is shocking and unprecedented.

But the legal pathway the Justice Department is using isn't wholly new, even if we couldn't have predicted it would be used in this particular and very extreme way.

Exactly.

I mean, you know, we sort of think, well, with a good faith president, we think, well, that's a broad standard about maybe, you know, you could differ on whether that's appropriate in a policy sense.

But we never would have thought we'd get to the boat strike situation.

Totally.

Unfortunately, it gets worse.

Oh, yeah.

There's another significant interpretation of the War Powers Resolution that's important here, too.

So, Roman, remember that the War Powers Resolution applies whenever the president sends armed forces into hostilities or into situations where imminent hostility is clearly indicated by the circumstances.

Yes.

So what's your general sense of what we mean when we say hostilities?

I mean, that's pretty reasonable.

The problem is that the War Powers Resolution does not define what hostilities are.

But the underlying presumption is that the War Powers Resolution only applies when there are hostilities.

Then the president has to tell Congress and then later ask Congress for permission to keep using the military force.

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