The news media are reporting two military raids–one in Libya, the other in Somalia–led by US commandos (with support from the FBI and the CIA) over this past weekend. Do these military raids violate international law? More to the point, does the President have the authority under the US Constitution to conduct such military operations overseas?

In the Prize Cases, decided in 1863, a majority of the justices of the US Supreme Court upheld President Lincoln’s executive order of April 1861 to blockade Southern ports and confiscate domestic and foreign vessels and cargoes without compensation (in response to South Carolina’s attack on Fort Sumter). Five justices concluded that Lincoln’s actions were within his textual Article II Commander-in-Chief power. Four justices, however, dissented from this decision on the grounds that a naval blockade is an act of war and thus must be authorized by Congress. So, are the raids in Libya and Somalia within the President’s Commander-in-Chief power, or are they acts of war requiring legislative authorization?

This image from the FBI website shows Anas al-Libi, who was captured by US forces this weekend in Tripoli. Bonus Link: Robert Chesney’s thoughts