Open Access

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

   | Jul 19, 2019

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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.

eISSN:
2049-4092
Language:
English
Publication timeframe:
2 times per year
Journal Subjects:
Law, Public Law, other, History, Philosophy and Sociology of Law, International Law, Foreign Law, Comparative Law