1. The Law: Constitutional Understandings of the War Power
- Author
-
BOYLAN, TIMOTHY S.
- Subjects
War and emergency powers -- Political aspects ,Constitutional law -- Interpretation and construction ,Presidents -- Powers and duties ,Government ,History ,Political science ,Powers and duties ,Political aspects ,Interpretation and construction - Abstract
Recent war powers debates have seen the emergence of two opposing viewpoints. Those who advocate close adherence to the Constitution and who assume congressional predominance in matters of war have squared off against those who point to modern political realities that require presidential independence and power. This article argues that the resulting interpretive dichotomy is both false and unnecessary. The Constitution created a vigorous executive in the conduct of foreign affairs, checked and balanced by an equally powerful Congress. This is borne out by analysis of the language of the Constitution, by an examination of its intent, and by judicial doctrine. An additional method of interpretation, structural argument, integrates text, intent, and doctrine and provides a theoretically sound and politically feasible framework for the exercise of the war power by the political branches., The past few years have given constitutional students and scholars the chance to stake out positions on a number of high-profile and controversial topics. From the impeachment of the president [...]
- Published
- 2001