Concerning United States Constitutional War Powers

Authors

Marcus ArmstrongFollow

Abstract

The United States faces a future in which the possibility of a conventional, great-power conflict is elevated. This is because of a constitutional interpretation that has altered United States constitutional war powers significantly. Specifically, the interpretation gives the president the authority to initiate and escalate war or hostilities unilaterally. In this Article, I reexamine that specific historical interpretation and find it wanting. I then offer a different historical interpretation, drawing upon other contemporary writers as well as upon historical events in order to give a more complete and nuanced understanding of the context in which the early American leaders developed the United States’ constitutional war powers. This more nuanced understanding leads to the conclusion that the early American leaders intended for congress—and only congress—to have the authority to initiate and escalate war or hostilities.

First Page

319

Last Page

374

Publisher

St. Mary's University School of Law

Editor

Heather C. Montoya

Recommended Citation

Marcus Armstrong, Concerning United States Constitutional War Powers, 54 St. Mary's L.J. 319 (2023).
Available at: https://commons.stmarytx.edu/thestmaryslawjournal/vol54/iss2/3