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The Declare War Clause, Part 5: The Civil War (CRS Report for Congress)

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Release Date Sept. 30, 2024
Report Number LSB11234
Report Type Legal Sidebar
Authors Steve P. Mulligan
Source Agency Congressional Research Service
Summary:

This Legal Sidebar is the fifth part of an eight-part series that discusses the Declare War Clause in Article I, Section 8, Clause 11 of the Constitution, which grants Congress the power “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water[.]” The power to take the nation to war is a central element of the Constitution’s scheme of war powers, but interpretation of the Declare War Clause is complex and evolving. This Sidebar series discusses the Supreme Court’s jurisprudence related to declarations of war by Congress and highlights interbranch practices that illuminate the executive and legislative branches’ sometimes differing interpretations of the clause. Additional information on Congress’s war powers and the President’s powers as Commander-inChief can be found in the Constitution Annotated.
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