Without the aid of the courts, Congress is no match for the Executive. Presidents decide, period. Congress, outgunned by the Executive and deserted by the Judiciary, goes along. The Framers would have been dismayed.
Posts Tagged ‘declarations of war’
Thus the Supreme Court’s solution to the problem here was to rely on Congressional authorization of war as a sufficient substitute for Congressional declaration of war. The Court never directly addressed the ship-owner’s point that the Constitution speaks only of declarations of war, not of authorizations. The Framers would have been spinning in their graves.
With good leadership, with Eisenhowers and Roosevelts, young men and women will predictably enlist in acceptable numbers. With bad leadership, the discipline of the enlistment market will act as a check. It would be both foolhardy and morally wrong to remove that check.