Massachusetts in the Federal Courts: The Constitutionality of the Vietnam War

D'Amato, Anthony

Abstract

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Massachusetts in the Federal Courts: The Constitutionality of the Vietnam War

Anthony D'Amato

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

Abstract:
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, K39

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Date posted: February 4, 2011

Suggested Citation

D'Amato, Anthony, Massachusetts in the Federal Courts: The Constitutionality of the Vietnam War (January 31, 2011). Journal of Law Reform, Vol. 4, pp. 11-21, 1970; Northwestern Public Law Research Paper No. 11-13. Available at SSRN: http://ssrn.com/abstract=1754802

Contact Information

Anthony D'Amato (Contact Author)

Northwestern University - School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States