“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.”
Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged? These questions should be addressed in a national debate over the U.S. military involvement in...
Within five years of the publishing of The Federalist papers (and four years of the ratification by the states of the Constitution), the co-authors of those seminal and influential essays on American political theory and constitutional interpretation were back at...
In the early years of the United States under the Constitution, James Madison made one of the most compelling constitutional arguments against unilateral presidential war powers. Through their actions, the first three presidential administrations of Washington, Adams,...
Many people believe presidents have a great deal of authority to make unilateral decisions about war without the approval of Congress. To support this conclusion, they often point to actions taken by early presidents such as John Adams. But this narrative doesn’t...
Supporters of unilateral executive war power want you to believe presidents can make all kinds of decisions about war and peace because, as they tell the story, George Washington engaged in military conflicts with Native Americans without getting authorization from...