The War Powers in Brief: On the Irreducible Politics of the Matter

Authors

Roger Pilon, Cato Institute

Abstract

The article argues that the president does not require congressional authorization under the Declare War Clause to engage in hostile acts, as the Constitution's sparse language on war powers intentionally allows flexibility in foreign affairs. It contends that the Declare War Clause is a juridical act, not a prerequisite for initiating hostilities, and that the war powers are fundamentally political rather than legal in nature.

Disciplines

Constitutional Law | Law | Law and Politics

Recommended Citation

Roger Pilon, The War Powers in Brief: On the Irreducible Politics of the Matter, 2 Cardozo Pub. L. Pol’y & Ethics J. 49 (2003).
Available at: https://larc.cardozo.yu.edu/cplpej/vol2/iss1/7