Provide for the Common Defence: Rebalancing Constitutional War Powers in the 21st Century.

摘要

The Constitution's framers designed a new form of government that sought to prevent monarchial tendencies and distribute power while ensuring vigorous execution of the enumerated powers. The framers paid particular attention to the distribution of war powers. To assuage fears associated with the English monarch, the framers placed the preponderance of enumerated war powers in the legislative branch, including the power to declare war, and limited the executive branch to one - commander-in-chief. The changing nature of the world following the nuclear conclusion to World War II enabled the executive to dominate the Constitution's war powers distribution. Congress must act collectively to correct the imbalance.