War (Definition) (West's Encyclopedia of American Law)
Open and declared conflict between the armed forces of two or more states or nations.
Article I, Section 8, Clause 11 of the U.S. Constitution gives Congress alone the power to declare war. In addition, Congress is given sole authority by the Constitution "To raise and support armies" and "To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions." The U.S. Constitution also spells out the military powers of the president of the United States: he or she serves as commander in chief of the U.S. armed forces. Throughout U.S. history, however, there have been conflicts between the two branches (legislative and executive) over who has the greatest military power. And, often, regardless of Constitutional right, the EXECUTIVE BRANCH holds forth.
Executive Military Power
Such PRESIDENTIAL POWER is illustrated by President ABRAHAM LINCOLN's actions at the beginning of the Civil War. In the ten weeks between the fall of Fort Sumter and the convening of Congress in July 1861, Lincoln made war preparations based on his authority as commander in chief. He initiated the drafting of men for military service, approved of a Southern naval blockade, and suspended the writ of HABEAS CORPUS. Congress later ratified most of Lincoln's actions.
In the twentieth century several U.S....
(The entire section is 1221 words.)
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