The Massachusetts Antiwar Bill

42 New York State Bar Journal, Vol. 42, No. 639, 1970

Northwestern Public Law Research Paper No. 11-30

12 Pages Posted: 21 Feb 2011

Date Written: February 18, 2011


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.

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

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:

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Register to save articles to
your library


Paper statistics

Abstract Views
PlumX Metrics