All Posts Tagged With: "war powers"
America’s Turning Point
The Civil War represents the simultaneous culmination and repudiation of the American Revolution. Four successive ideological surges had previously defined American politics: the radical republican movement that had spearheaded the revolution itself; the subsequent Jeffersonian movement that had arisen in reaction to the Federalist State; the Jacksonian movement that followed the War of 1812; and [...]
23Mar2011 | Jeffrey Rogers Hummel | 22 comments | ContinuedSlick Construction Under the Articles of Confederation
Writing lately on the Fourth Amendment, Professor Thomas Y. Davies decries the “originalism” practiced by certain Supreme Court justices and sundry legal commentators. On historical-hermeneutic grounds, he faults face-value originalism for missing “the shared, implicit assumptions that informed the public meaning” on which a given constitutional provision rested. Underlying the Fourth Amendment were common-law rules [...]
1Apr2008 | Joseph R. Stromberg | 1 comment | ContinuedThe Sovereign Presidency: Is This What the Framers Had in Mind?
American government under the Constitution was supposedly meant to work as follows: Congress, staying within delegated powers and the Bill of Rights, passes laws; the president executes the laws; and the courts sort out ensuing wrangles. This plan ran aground rather early—the 1798 Alien and Sedition Acts, for example—which raises at least two possibilities: 1) [...]
1Jan2007 | Joseph R. Stromberg | 9 comments | ContinuedAnything to Declare?
“The Congress shall have Power To . . . declare War. . . .”—U.S. Constitution, Article I, Section 8 That brief phrase seems to have vanished from the national memory in the wake of the atrocities of September 11. If the terrorists really intended to assault the American tradition of freedom under law, score one [...]
1Jan2002 | Sheldon Richman | 0 comments | ContinuedImmoral, Unconstitutional War
David Mayer is professor of law and history at Capital University in Columbus, Ohio. He is the author of The Constitutional Thought of Thomas Jefferson (University of Virginia Press). The United States has no vital interests at stake in Yugoslavia; the conflict there is the kind of European war that Americans should avoid if we [...]
1Jul1999 | David N. Mayer | 1 comment | Continued-
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