<abstract xmlns="http://www.w3.org/1999/xhtml"><p>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.</p></abstract>

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.

Declaration of War: A Dead Letter or An Invitation to Struggle?

British Journal of American Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Declaration of War: A Dead Letter or An Invitation to Struggle?"}

The Constitution’s declaration of war requirement, superficially straightforward but actually full of ambiguities, originated in a fear of presidential...

Declaration of War: A Dead Letter or An Invitation to Struggle?

Published Online: Jul 19, 2019

Page range: 107 - 137

DOI: https://doi.org/10.2478/bjals-2019-0004

Keywords
Declaration of War, AUMF, President, Congress, Supreme Court

© 2019 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Declaration of War: A Dead Letter or An Invitation to Struggle?

Published Online: Jul 19, 2019

Page range: 107 - 137

DOI: https://doi.org/10.2478/bjals-2019-0004

KeywordsDeclaration of War, AUMF, President, Congress, Supreme Court

© 2019 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Declaration of War, AUMF, President, Congress, Supreme Court