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Emergency Power and the Militia Acts |
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114 Yale L.J. 149 (2004)
An important chapter is missing from contemporary debates over the constitutional source of the federal government's emergency power. In focusing on five statutes passed by early Congresses to provide for the calling forth of the militia and the federal armed forces to respond to certain types of crises and the cases interpreting them, this Note argues that these "Militia Acts" should significantly inform our understanding of the intended structural allocation of domestic constitutional emergency power and of the important role Congress was always intended (and should continue) to play in policing the boundaries of the President's crisis authority at home.
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