Cornell Law Review Volume 93 Issue 1

A Two-Front War

It seems I am fighting a two-front war, besieged by three superb scholars. Professors Robert Delahunty and John Yoo, and Professor Michael Ramsey have authored bracing and challenging responses to Unleashing the Dogs of War (Unleashing). Though I have learned from these essays, their authors might say that I have not learned enough because I continue to adhere to the categorical theory’s claim that any decision to wage war on behalf of the United States is an exercise of the Constitution’s “declare war” power. Because under the Constitution only Congress may declare war, only Congress may decide whether the United States will wage war.

 

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