The Declare War Clause, Part 5: The Civil War
Update: 2025-01-11
Description
This episode examines the legal complexities surrounding the U.S. Constitution's Declare War Clause, specifically focusing on its application during the Civil War. We analyzes key Supreme Court cases, such as The Prize Cases, Hamilton v. Dillin, Miller v. United States, and Ex parte Milligan, which addressed the balance of war powers between the executive and legislative branches. These cases involved challenges to President Lincoln's actions in the absence of a formal declaration of war and the legality of various wartime measures. We ultimately highlights the evolving interpretation of the clause and the ongoing tension between presidential authority and Congressional prerogatives during wartime.
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