Decision in Philadelphia. New York: Ballantine Books.
"Congressional Authorization and the War on
As harsh as Kassop's (2003, 512) criticism may be, it serves to illustrate an important point. In giving President Bush the authority to wage war without a great deal of Congressional oversight, Congress and not the Courts effectively undermined the War Powers Act of 1973, suspending its right (even obligation) to take the lead in declaring war.
Initiatives, Enactments, and Decisions, 1954-1972
Congressional declaration of war, but was unable to seize steel mills to prevent strikes from interrupting the flow of materials to the military in Korea. This does not constitute a particularly strong judicial response to what many members of Congress and the American public believed to be the excessive use of executive power to wage war.
Yoo, John C. 1996. "The Continuation of Politics by
Analysis of the Doctrinal Development
Declare War." Harvard Journal of Law & Public Policy