The Constitution, Invasion, Immigration, and the War Powers of States

Br. J. Am. Leg. Studies 13(1) (2024)

42 Pages Posted: 9 Nov 2023 Last revised: 29 Feb 2024

See all articles by Robert G. Natelson

Robert G. Natelson

Independence Institute

Andrew Hyman

The Institute for Intermediate Study

Date Written: October 18, 2023

Abstract

By express and implied reservation, the Constitution permits states to wage defensive war and take other military action in response to invasion, insurrection, and transnational criminal gangs. This article examines the under-researched area of state war powers and how they interact with federal military and other foreign affairs powers. It also recovers the meaning of the Constitution’s term “invasion” and demonstrates that several judicial decisions have construed that term far too
narrowly. The article ends with reflections on justiciability and remedies in state war power cases.



Br. J. Am. Leg. Studies 13(1) (2024).

Keywords: Constitution,Constitutional law,Immigration,Invasion,Allegiance,Aliens,State Power,State War Powers,Articles of Confederation

Suggested Citation

Natelson, Robert G. and Hyman, Andrew, The Constitution, Invasion, Immigration, and the War Powers of States (October 18, 2023). Br. J. Am. Leg. Studies 13(1) (2024), Available at SSRN: https://ssrn.com/abstract=4600765 or http://dx.doi.org/10.2139/ssrn.4600765

Robert G. Natelson

Independence Institute ( email )

727 E. 16th Ave.
Denver, CO 80203
United States
303-279-6536 (Phone)

HOME PAGE: http://https://i2i.org/constitution/

Andrew Hyman (Contact Author)

The Institute for Intermediate Study ( email )

69 Village Avenue
Dedham, MA 02026
United States
617-320-1161 (Phone)

HOME PAGE: http://www.tifis.org

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
484
Abstract Views
2,311
Rank
122,120
PlumX Metrics