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The Declare War Clause, Part 4: Jurisprudence and Practice and Early American Conflicts

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Content provided by Better Informed Network. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Better Informed Network or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

This episode examines the Supreme Court's jurisprudence on the Declare War Clause of the U.S. Constitution, focusing on early American conflicts. We explores key cases from the Quasi-War with France, the War of 1812, and the Mexican War, highlighting how judicial interpretations shaped the understanding of war powers. We cover the Court's reluctance to directly address interbranch disputes over initiating military action and reveals how legislative and executive branch practices have influenced constitutional interpretations. We examines the limits of presidential power during wartime and the legislative branch’s role in authorizing military actions. We also discuss unresolved constitutional questions from these conflicts which were addressed in later Supreme Court cases.

  continue reading

30 episodes

Artwork
iconShare
 
Manage episode 459335268 series 2791259
Content provided by Better Informed Network. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Better Informed Network or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

This episode examines the Supreme Court's jurisprudence on the Declare War Clause of the U.S. Constitution, focusing on early American conflicts. We explores key cases from the Quasi-War with France, the War of 1812, and the Mexican War, highlighting how judicial interpretations shaped the understanding of war powers. We cover the Court's reluctance to directly address interbranch disputes over initiating military action and reveals how legislative and executive branch practices have influenced constitutional interpretations. We examines the limits of presidential power during wartime and the legislative branch’s role in authorizing military actions. We also discuss unresolved constitutional questions from these conflicts which were addressed in later Supreme Court cases.

  continue reading

30 episodes

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