War Clause News Today

Posts about Border Enforcement written by Jerry

JonathanTurley.org | March 28, 2024 Read more at https://jonathanturley.org/2024/03/28/fifth-circuit-blocks-texas-sb-4-and-rejects-the-invasion-theory-under-state-war-clause/ The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4.  Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. However, the opinion…

Posts about The United States Court of Appeals for the Fifth Circuit written by Jerry

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas's SB 4.  Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. However, the opinion also rejected the invasion theory made by states…

“What are the implications of the trial of Donald Trump for the Constitution, presidential power and the rule of law?” a reader asks, adding another important question: “Did the Framers

Spying allegations warrant investigation to prevent further coarsening of politics

Under the Articles of Confederation, all war power was vested in a Congress and the United States lacked a formal executive.

American withdrawal from Afghanistan and the War Clause

American withdrawal from Afghanistan and the War Clause

Unilateral presidential war making, remarkable for its direct violation of the War Clause of the Constitution, is a sharp reminder of the widening gulf between constitutional principle and governmental practice. It recalls the observation of a 17th Century English judge: “The practice of government is but feeble proof of its legality.” Since 1950, every president, with the exception of Dwight Eisenhower has asserted authority to initiate war and lesser military hostilities on behalf o...