The Constitution’s declaration of war requirement, superficially straightforward but actually full of ambiguities, originated in a fear of presidential usurpation and recklessness. Yet Congress has responded to political incentives and has declined the assertive role assigned to it. The check on usurpation and recklessness has eroded almost to the vanishing point
Constitutions - codified or unwritten - institutionalise and actually constitute specific equilibria...
For the past half century, Presidents have claimed constitutional authority to take the country from...
When crafting the United States Constitution, America’s Founders carefully prescribed an institution...
Almost without discussion, and essentially without opposition, the Framers and Ratifiers of the Unit...
This Article explores the eighteenth-century use of the phrase declare war, with the goal of shedd...
A subject of warm debate in the convention which framed the Constitution of the United States was wh...
This Essay, written as a response to a pro-Congress view in the war powers debate, presents a comple...
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute reg...
This Article argues that the act of formally declaring war entails a measure of explicit commitment ...
The Senate Judiciary Committee convened to determine which branch of the American government, execut...
We live in an age of limited war. Yet the legal structure for authorizing and overseeing war has fai...
Several arguments have been advanced in support of the President\u27s authority to continue use of t...
The division of war powers between Congress and the President has never been free of ambiguity or te...
Existing legal scholarship about constitutional war powers focuses overwhelmingly on the President\u...
In the heat of Vietnam and Watergate, Congress sought to develop a more effective role in decisions ...
Constitutions - codified or unwritten - institutionalise and actually constitute specific equilibria...
For the past half century, Presidents have claimed constitutional authority to take the country from...
When crafting the United States Constitution, America’s Founders carefully prescribed an institution...
Almost without discussion, and essentially without opposition, the Framers and Ratifiers of the Unit...
This Article explores the eighteenth-century use of the phrase declare war, with the goal of shedd...
A subject of warm debate in the convention which framed the Constitution of the United States was wh...
This Essay, written as a response to a pro-Congress view in the war powers debate, presents a comple...
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute reg...
This Article argues that the act of formally declaring war entails a measure of explicit commitment ...
The Senate Judiciary Committee convened to determine which branch of the American government, execut...
We live in an age of limited war. Yet the legal structure for authorizing and overseeing war has fai...
Several arguments have been advanced in support of the President\u27s authority to continue use of t...
The division of war powers between Congress and the President has never been free of ambiguity or te...
Existing legal scholarship about constitutional war powers focuses overwhelmingly on the President\u...
In the heat of Vietnam and Watergate, Congress sought to develop a more effective role in decisions ...
Constitutions - codified or unwritten - institutionalise and actually constitute specific equilibria...
For the past half century, Presidents have claimed constitutional authority to take the country from...
When crafting the United States Constitution, America’s Founders carefully prescribed an institution...
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