Presidential War Power: Do the Courts Offer Any Answers?

Military Law Review, Vol. 157, No. 180, October 1998

55 Pages Posted: 19 Jun 2006  

Geoffrey S. Corn

South Texas College of Law

Abstract

This article surveys the history of federal jurisprudence related to war making decisions. In so doing, it seeks to refute the perception that such decisions are conclusively beyond the realm of judicial review as a result of the political question doctrine of judicial restraint. Instead, the survey of these decisions demonstrates that the more relevant doctrine is that of ripeness. Accordingly, the article asserts that in the appropriate circumstances, the courts could intervene in a war powers dispute between the two political branches. However, such intervention would only be possible in response to express congressional opposition to a presidential war making decision, and only then if the President were unable to offer a legitimate theory of defensive necessity.

Keywords: President, War Powers

Suggested Citation

Corn, Geoffrey S., Presidential War Power: Do the Courts Offer Any Answers?. Military Law Review, Vol. 157, No. 180, October 1998. Available at SSRN: https://ssrn.com/abstract=909575

Geoffrey S. Corn (Contact Author)

South Texas College of Law ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

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