T he only times Congress has ever invoked the War Powers Act to stop a war were when Donald Trump was president. In 2019, both houses of Congress passed a resolution demanding the U.S. forces get ...

The political question is left to Congress, unless we are to believe that the Constitution’s investiture of war-making power in the Congress is language that is completely devoid of meaning.

So the Constitution created separation of powers especially in matters of war. The Congress alone can declare war: see: Article I, section 8, clause 11. The authors debated this and concluded ...

One way to limit the power of the new Congress under the Constitution was ... establish lower courts; declare war; and raise and support an Army and Navy. But the very end of this list contained ...

Congress made a “mistake" in giving tariff authority to the president, and Rep. Don Bacon, R-Neb., wants to see the House and ...

As it has in other cases involving congressional war powers, the Court upheld the law’s constitutionality. There was no dissent, but Justice Robert Jackson made a significant point about the ...

Constitutional Law Expert Erwin Chemerinsky warns about the expansion of presidential power, and how that weakens the ...

The Army Clause thus reinforces Congress’s authority to declare war, magnifies its power over the purse, and tends to inhibit presidential war-making. Further, the expected absence of a caste of ...

The Supreme Court has mentioned the Marque and Reprisal Clause most frequently when listing Congress’s war powers and authorities over foreign affairs. The Court has described the power to issue ...

As we have discussed in this space before, Congress has, over the years, delegated certain tariff-related powers to the ...