San Francisco Chronicle, January 23, 2009 by Oona Hathaway and Bruce Ackerman
http://www.sfgate.com/cgi-bin/blogs/opinionshop/detail?&entry_id=35025

President Obama should fill the legal vacuum Bush has left behind. He should submit the agreement to Congress for its consent. This would allow a broad majority of Republicans and Democrats to give bipartisan support to our troops, and place our military operations on a firm constitutional foundation.

The New York Times, January 7, 2009 by Bruce Ackerman and Oona Hathaway
http://www.nytimes.com/2009/01/08/opinion/l08treaty.html?pagewanted=print

Mr. Bolton and Mr. Yoo are also on weak ground in suggesting that Congress has used its Article I authority only in the field of international trade. Both houses have acted under Article I to approve key national security accords, like the SALT agreement with the Russians or the recent United States-India nuclear agreement. Mr. Bolton and Mr. Yoo, however, don’t even mention Article I. While their claim would enable a minority of Senate Republicans to veto international agreements, it does not have a basis in either the constitutional text or precedent.

The Boston Globe, Nov. 26, 2008 by Bill Delahunt and Oona Hathaway
http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2008/11/26/bush_should_include_congress/

Bush’s approach is unwise as a matter of policy and raises serious constitutional concerns. Just as the Iraqi constitution requires international agreements to be approved by Parliament, the US Constitution and precedent require that most international agreements be approved by Congress.

The New York Times, Nov. 25, 2008 by Alissa J. Rubin and Campbell Robertson
http://www.nytimes.com/2008/11/26/world/middleeast/26iraq.html

“It is, as far as I know, unprecedented in a SOFA,” said Oona Hathaway, a law professor at the University of California, Berkeley, who has criticized the method by which the agreement was negotiated. “When we have active military operations, almost always there is a treaty or some agreement that has been approved by Congress that serves as a basis, and the SOFA just carries out the details.”

Reuters, Nov. 19, 2008 by Ross Colvin
http://www.reuters.com/article/newsOne/idUSTRE4AI8OT20081119

Oona Hathaway … said it appeared the agreement would give the joint committee operational control over U.S. military operations. If so, that would be “unprecedented and extremely unusual,” she said. “The president can enter into agreements on his own but this agreement goes far beyond the president’s independent constitutional powers,” Hathaway said.

Los Angeles Times, July 25, by Bruce Ackerman and Oona Hathawayhttp://www.latimes.com/news/opinion/la-oe-ackerman25-2008jul25,0,6663090,print.story“Once the deal is signed by both parties, it’s quite possible that the president will proclaim that this memo is special and can serve as a legal basis for all our activities in Iraq. If he does, he will be acting unconstitutionally. There are simply no precedents that support the presidential creation of legally binding commitments on the use of force without congressional consent.”