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103 Pol. Sci. Q. 1 (1988)

handle is hein.journals/pclscceqry103 and id is 1 raw text is: 










              The Constitution and Presidential

              Warmaking: The Enduring Debate













                                                    DAVID GRAY ADLER


              A  series of presidential wars' over the past forty years, from Korea
and  Vietnam  to Cambodia   and Grenada,  has triggered an intense and sometimes
acerbic debate within  both the scholarly community   and the corriders of power
on the question of whether  Congress  or the president is constitutionally empow-
ered to commence   war.' The  issue of the constitutional repository of the power
to decide for war is of surpassing importance for a nation faced with the specter
of the nuclear holocaust, the overwhelming,   perhaps incomprehensible   destruc-
tion of an all-out atomic  exchange.

   ' The phrase is borrowed from Francis D. Wormuth, Presidential Wars: The Convenience of 'Prece-
dent',The Nation, 9 Oct. 1972, 301.
   1 A considerable body of literature has examined this question. See Francis D. Wormuth, The Nixon
Theory of the War Power: A Critique, California Law Review 60 (May 1972): 623; his earlier mono-
graph, The Vietnam War The President versus the Constitution (Santa Barbara, Calif: Center for
Study of Democratic Institutions, 1968), reprinted in Richard Falk, ed., The Vietnam War and Inter-
national Law, 4 vols. (Princeton, N.J.: Princeton University Press, 1969), 1:711; and F.D. Wormuth
and Edwin Firmage, To Chain the Dog of War: The WarPower ofCongress in History and Law (Dallas:
Southern Methodist University Press, 1986). See also, Leonard Ratner, The Co-ordinated War-making
Power - Legislative, Executive and Judical Roles, Southern California Law Review 44 (Winter 1971):
19; Eugene Rostow, Great Cases Make Bad Law: The War Powers Act, Texas Law Review 50 (May
1972): 833; J. Terry Emerson, The War Powers Resolution Tested: The President's Independent De-
fense Power,NotreDameLawyer 51 (1975): 187; Raoul Berger, War-Making by the President,Penn-
sylvania Law Review 121 (November 1972): 29; William Rogers, Congress, the President, and War
Powers, California Law Review 59 (September 1971): 1194; Charles Lofgren, War-Making Under
the Constitution: The Original Understanding, Yale Law Journal 81 (March 1972): 672.


DAVID  GRAY  ADLER   is an assistant professor of political science at Idaho State University. He
is the author of The Constitution and the Termination of Theaties (1986) and of articles on the Consti-
tution and the conduct of foreign policy.


Political Science Quarterly Volume 103 Number 1 1988

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