Abstract

 


 



The Massachusetts Antiwar Bill


Anthony D'Amato


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

Abstract:     
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, K39

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Date posted: February 21, 2011  

Suggested Citation

D'Amato, Anthony, The Massachusetts Antiwar Bill (February 18, 2011). 42 New York State Bar Journal, Vol. 42, No. 639, 1970; Northwestern Public Law Research Paper No. 11-30. Available at SSRN: http://ssrn.com/abstract=1765351

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Chicago, IL 60611
United States
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