“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The Constitution is quite clear on war power. Congress has the power to determine IF the country will wage offensive war and against WHOM. Once that decision is made by the Congress, the President is in charge of waging that war. The power in question is delegated in...
In 1787, amidst a sweltering Philadelphia summer and equally heated debates over the proposed constitution, James Madison warned his fellow delegates of the danger that giving the president the power to declare war would pose to liberty. On June 29th of that year...
NOTE: Today marks the anniversary of FDR signing executive order 9066, which authorized the “indefinite detention” of nearly 150,000 people on American soil. The order authorized the Secretary of War and the U.S. Army to create military zones “from which...
We are a political society primarily driven by our own, narrowly defined special interests. Not general principles. Nowhere is that more evident than in U.S. foreign policy. We intervene in Libya to “protect civilians” and turn a blind eye to similar...
You can sympathize with the humanitarian motives of our Libyan intervention while still doubting its constitutionality. The Constitution prescribes the rules about how the United States is to enter a war, and the Obama administration has violated those rules. The...
We are long past the point at which constitutional arguments have much hope of restraining the American political class, either at home or abroad. They are still worth making, though, since they serve to show the two major parties’ contempt for American law and...