War Decisions in the Late 1990s by Partial Congressional Declaration

Tiefer, Charles

Journal: San Diego Law Review

Volume: 36

Year: 1999

Bluebook Citation: 36 SAN DIEGO L. REV. (1999)

Author: Charles Tiefer: all 20 publications


Abstract

The great surprise in actual war powers decision making of the late 1990s has been the emergence of a practically decisive, yet constitutionally unexplored paradigm: "partial" congressional declara- tion of war.' Presently, the Senate and the House seem to have the function of deciding on warlike action through unmatched, "partial" declarations; just how constitutional can this be?

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