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THE WAR POWER
Journal article   Peer reviewed

THE WAR POWER

Harvard journal of law and public policy, Vol.33(1), pp.113-137
01/01/2010

Abstract

Armed forces Congressional powers Constitutional conventions Constitutional law Constitutions Decision making International relations Presidents Separation of powers
[...] the Constitution vests, in the main, in Congress, and not in the President, the decision to initiate war- the authority to take the nation into a state of war.1 Second, the Constitution vests in the President, and not in Congress, the power to conduct war.2 Each of these powers is, in the main, autonomous of the powers of the other branch and thus to a substantial degree immune from control by the other's powers. [...] the Constitution vests no substantive war powers in the judiciary.

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