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

Journal of Law Reform, Vol. 4, pp. 11-21, 1970

Northwestern Public Law Research Paper No. 11-13

10 Pages Posted: 4 Feb 2011

Date Written: January 31, 2011

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.

Keywords: Constitutionality of Vietnam War, US Constitution Clause 11, South Carolina v. Katzenbach, Massachusetts v. Laird

JEL Classification: K10, K19, K30, K39

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: https://ssrn.com/abstract=1754802

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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