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
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
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