A Two Front War

24 Pages Posted: 22 Jan 2010

See all articles by Saikrishna Prakash

Saikrishna Prakash

University of Virginia School of Law

Date Written: January 11, 2010

Abstract

In this short essay, I fight a two front war, besieged by three superb scholars. Professors Robert Delahunty and John Yoo, and Professor Michael Ramsey have authored bracing and challenging responses to Unleashing the Dogs of War. Though I have learned from these essays, their authors might say that I have not learned enough because I continue to adhere to the categorical theory’s claim that any decision to wage war on behalf of the United States is an exercise of the Constitution’s “declare war” power. Because under the Constitution only Congress may declare war, only Congress may decide whether the United States will wage war.

Keywords: Declaration of War, Declaring War, Use of Force, Declare War, Make War

Suggested Citation

Prakash, Saikrishna, A Two Front War (January 11, 2010). Cornell Law Review, Vol. 93, No. 197, 2007, Available at SSRN: https://ssrn.com/abstract=1534738

Saikrishna Prakash (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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