Thursday, March 13, 2003
Eugene Volokh repeats something that he and I have previously noted, that the Congressional power to declare war doesn't mean that the resolution must say "we declare war". Hmmm, of course, I doubt that Prof. Volokh has noticed my comments on this matter, I've pointed to his previously. In the post linked above, Prof. Volokh relates this to the recent First Circuit decision. What he doesn't point out, perhaps because he's more polite than I, is that the list of plaintiffs in the caption of the case is a veritable Who's-Who of congressional Democrat losers. The actual opinion is located here and contains a quick trip through the main cases on ripeness and political question doctrines.
Robin 4:09 PM