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.
Posts Tagged ‘power to declare war’
In short, the power to give or withhold a declaration of war was generally viewed by the Founders as tantamount to the power to decide whether hostilities would take place, with the well-recognized exception of defense against direct attack. This placed the real war-making power in the hands of the Congress, not the President.