Massachusetts in the Federal Courts: The Constitutionality of the Vietnam War
Northwestern University - School of Law
January 31, 2011
Journal of Law Reform, Vol. 4, pp. 11-21, 1970
Northwestern Public Law Research Paper No. 11-13
One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.
Number of Pages in PDF File: 10
Keywords: Constitutionality of Vietnam War, US Constitution Clause 11, South Carolina v. Katzenbach, Massachusetts v. Laird
JEL Classification: K10, K19, K30, K39Accepted Paper Series
Date posted: February 4, 2011
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