<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?

Publié en ligne: 19 juil. 2019

Pages: 107 - 137

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

Mots clés
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?

Publié en ligne: 19 juil. 2019

Pages: 107 - 137

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

Mots clésDeclaration 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.

Mots clés
Declaration of War, AUMF, President, Congress, Supreme Court