The Massachusetts Antiwar Bill
Northwestern University - School of Law
February 18, 2011
42 New York State Bar Journal, Vol. 42, No. 639, 1970
Northwestern Public Law Research Paper No. 11-30
The Massachusetts Antiwar bill provides that 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 Art. I, Sect. 8 of the United States Constitution. One could hardly imagine a more fundamental constitutional doubt arising in the mind of the American public than that of the legality of a major war. The purpose of the Massachusetts bill is purely and simply to obtain an authoritative judicial test of the constitutionality of an undeclared war.
Number of Pages in PDF File: 12
Keywords: Massachusetts Antiwar Bill, Vietnam War, Massachusetts v. Laird, U.S. Constitution Article I Section 8, Prize Cases, Standing
JEL Classification: K10, K19, K30, K39Accepted Paper Series
Date posted: February 21, 2011
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