Category: War Power
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War Powers in Peacetime
War Powers in PeacetimeTo some indeterminate extent, the power to wage war embraces the power to prepare for it and the power to deal with the problems of adjustment following its cessation. Justice Story emphasized that "[i]t is important also to consider, that the surest means of avoiding war…
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War Power
Clauses 11-14. The War PowerThe Congress shall have power * * * ;To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years…
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Legislative Power in Wartime
Delegation of Legislative Power in WartimeDuring wartime, Congress has been prone to delegate more powers to the President than at other times.1 The Court, however, has insisted that, "[i]n peace or war it is essential that the Constitution be s…
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Declaration of War
Declaration of WarIn the early draft of the Constitution presented to the Convention by its Committee of Detail, Congress was empowered "to make war." 1 Although there were solitary suggestions that the power should better be vested in the …