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President/Executive Department

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1974

War and Emergency Powers

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Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii Oct 1974

Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii

Faculty Publications

For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …