1. Who Decides" Why the Resolution Authorizing of Force Against Iraq Is Unconstitutional.
- Author
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Hallett, Brien
- Subjects
- *
LEGISLATIVE resolutions , *IRAQ War, 2003-2011 , *MILITARY law , *ARMED Forces - Abstract
Despite the fact that the Constitution assigns to Congress the power to declare war, Congress has not done so since World War II. In place of a declaration, the Congress has produced a series of authorization of force resolutions, the most famous of which is the Gulf of Tonkin Resolution, the most recent, against Iraq. This paper will argue that authorization of force resolutions are unconstitutional, since they do not provide a means for the people’s representatives of decide the question of war or peace. To make this point, the paper analyzes the way in which the term, "authorization," is used in the debate over the respective war power of the Congress and the Commander-in-Chief. The paper then concludes with practical suggestions on how the Congress might declare war in the future. Specifically, the Declaration of Independence and the 1898 declarations against Spain are analyzed for guidance on the form, content categories, and sequencing of conditional and absolute declarations of war. [ABSTRACT FROM AUTHOR]
- Published
- 2003
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