“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The founders intentionally separated the power to declare and wage war. James Madison, for example, considered this the wisest part of the Constitution. In response, it’s extremely common for us to hear something like this recent comment: While it’s just dandy...
“In 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.” James Madison was far from alone in this view. And to understand it fully, it’s...
TALLAHASSEE, Fla. (Oct. 18, 2021) – Bills filed in the Florida House and Senate would require the governor to stop unconstitutional foreign combat deployments of the state’s National Guard troops. Passage into law would take a big step toward restoring the...
Only Congress has the power to “declare war.” But how it’s 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...
I have posted my article Textualism and War Powers (University of Chicago Law Review, Vol. 69, No. 4, p. 1543, 2002) (96 pages) on SSRN. It’s from quite a while back but I think it remains a significant contribution. Here is the abstract: This Article explores...