U.S. v. Smith: No Presidential Power to Initiate War
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American legal history firmly rejects the view advanced by some commentators and politicians that the president, not Congress, may decide when to initiate war. It was, of course, decided by the U.S. Supreme Court in a series of rulings at the dawn of the republic that Congress alone possesses the constitutional authority, by virtue of the War Clause, to declare war and to determine its nature a...
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