The First AUMF: The Northwest Indian War, 1790-1795, and the War on Terror
In: University of Pennsylvania Journal of Constitutional Law, Jg. 18 (2016-04-01), S. 1309
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On September 29, 1789, while various state militias were involved in hostilities with the Indian tribes and with very little attention, Congress passed a bill to reorganize the federal military and allow President Washington to call upon state militias to protect the frontier from Indian incursions. 1 While President Washington did not immediately call upon these powers, on June 7, 1790, he allowed Secretary of War Henry Knox to order General Josiah Harmar to begin a "punitive expedition" against the Indians in response to a prior raid. 2 To support this mission, President Washington raised over 1500 militia and the federal government entered its first war under the new Constitution. 3 Throughout American history, scholars have been asking whether the President has the power to begin a war without a formal declaration from Congress, a debate that has begun again with renewed interest since the outbreak of the War on Terror. This debate stems from the text of the Constitution itself, which prescribes that the President has the "executive Power" 4 and is the "Commander in Chief" 5 of the armed forces, while Congress has the power to "declare War" and "grant letters of Marque and Reprisal." 6 To argue that the President does have the power to start war without a congressional declaration, scholars have deployed a narrow reading of the Declare War Clause and used textual arguments to support the idea that a formal declaration is not needed. 7 On the other hand, scholars favoring greater congressional ...
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The First AUMF: The Northwest Indian War, 1790-1795, and the War on Terror
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Autor/in / Beteiligte Person: | Mendel, Adam |
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Zeitschrift: | University of Pennsylvania Journal of Constitutional Law, Jg. 18 (2016-04-01), S. 1309 |
Veröffentlichung: | 2016 |
Medientyp: | academicJournal |
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