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   November 2007
   Volume 117, Issue 2
The Canons of War PDF Print E-mail

117 Yale L.J. 280 (2007).

War powers hang in a delicate balance, with conflicting statutes overlying contrasting constitutional prerogatives. Because Congress has filled nearly every shadowy corner of Justice Jackson’s “zone of twilight” with its own imprimatur, war powers debates now hinge on traditional statutory interpretation, albeit in a unique context. This Note draws upon the complete set of judicial opinions assessing authorizations for the use of military force in order to propose context-specific canons for interpreting war powers statutes. These canons of war provide a principled way for courts to ascertain the limits of executive power and civil liberties in times of military conflict.

 


 

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