Reply To: Declaring War


I agree with Prof. McClanahan, but would add two points of clarification:

1) not only could the British king launch hostilities, but he could unilaterally declare war and conclude treaties; and

2) the worst example of Congress’s punting is the War Powers Resolution, which concedes that the president can wage offensive war for several weeks prior to securing congressional authorization. In that, it is unconstitutional, as Prof. McClanahan says.