War Powers
When States Had Backbone: The Militia Showdown They Never Teach
Does the federal government have unilateral power to call forth the militia? During the War of 1812, New England states not only said no, but they used the principles of the 10th Amendment to actively interpose and resist federal demands for mobilizing the militia....
War Power Showdown: James Madison vs the Executive Branch
There is no situation – ever – where the President can unilaterally take the United States to war. No emergency. No exception. No loophole. James Madison made this absolutely clear, again and again. And when he became president, he followed that rule to...
How to Protect Shipping Routes without Shredding the Constitution
Defending ocean trade routes doesn’t require shredding the Constitution. When French warships were seizing hundreds of American vessels, President John Adams didn’t panic. He followed the Constitution – deferred to Congress over a dozen times – and still...
Alien Enemies Act: Why James Madison DIDN’T Oppose it
“With respect to alien enemies, no doubt has been intimated as to the federal authority over them.” That was James Madison, referring to the Alien Enemies Act of 1798 – an act he saw as constitutional while rejecting the rest of the Alien and...