Who Decides When America Goes to War?
Who actually decides when the United States goes to war—Congress or the president? Richard Epstein traces the Constitution’s original division of war powers from 1789 to the present and explains how practice, politics, and modern warfare have steadily shifted authority toward the presidency. Along the way, they explore declarations of war that never happen, authorizations that never expire, emergency actions that become routine, and why Congress so often prefers not to decide at all. Professor Epstein argues that America now operates under two constitutions—the one we wrote and the one we live with.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
.avif)
State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
Dishonor and the Civil Service
Those who serve in the government “should have, metaphorically speaking, their resignation letters in pocket in case they are ever confronted with a question of conscience.”
The Government Schools Persist in Mandating Gender Ideology
The volume and pace of federal litigation on these policies indicate there is no softening of the collective mind on transgenderism within the education industrial complex.
Get the Civitas Outlook daily digest, plus new research and events.