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Comment: War and Uncertainty |
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Lori Fisler Damrosch [View as PDF]
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114 Yale L.J. 1405 (2005)
This comment builds on John Hart Ely's concern in War and Responsibility with Congress's duty to investigate the factual predicate for going to war in circumstances of uncertainty. Professor Damrosch argues that Congress should exercise its constitutional power to decide to authorize military conflict with the fullest feasible understanding of policy-relevant factual context, but that the contextual investigation Congress should undertake should not be confused with a kind of incident-specific fact-finding that Congress is ill suited to perform.
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