War Powers
War Powers and the Constitution: An Overview
โIn no part of the constitution is more wisdom to be found than in the clause which confides the question of war or peace to the legislature, and not to the executive department.โ James Madison was far from alone in this view. And to understand it fully, itโs...
The Power to Declare War: An Introduction
Only Congress has the power to โdeclare war.โ But how itโs used today has almost no resemblance to the original, legal meaning in the Constitution. Path to Liberty: August 18, 2021 https://traffic.libsyn.com/secure/tentherradio/path-081821.mp3Podcast: Play in new...
Warnings from the Founders on the Dangers of War
As students of history, the Founders recognized that war and its offspring – like debt, armies and taxes – are the greatest threat to liberty. So they sought to create a system that would guard against it – rather than hurry us into it. Path to...
Textualism and War Powers
I have posted my articleย Textualism and War Powersย (University of Chicago Law Review, Vol. 69, No. 4, p. 1543, 2002) (96 pages) on SSRN.ย It’s from quite a while back but I think it remains a significant contribution.ย Here is the abstract: This Article explores...America's #foreignpolicy of #war rolls right along no matter who is in the Oval Office. You can't support the #constitution and accept these unconstitutional wars. @mmaharrey10th pic.twitter.com/D3XSE9pseI
— TenthAmendmentCenter (@TenthAmendment) March 6, 2021