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Full-Text Articles in Law
Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown
Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown
Faculty Publications
No abstract provided.
Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne
Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne
Faculty Publications
Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …