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The Constitution, Invasion, Immigration, and the War Powers of States Cover

The Constitution, Invasion, Immigration, and the War Powers of States

Open Access
|Jan 2024

Abstract

By express and implied reservation, the Constitution permits states to wage defensive war and take other military action in response to invasion, insurrection, and transnational criminal gangs. This article examines the under-researched area of state war powers and how they interact with federal military and other foreign affairs powers. It also recovers the meaning of the Constitution’s term “invasion” and demonstrates that several judicial decisions have construed that term far too narrowly. The article ends with reflections on justiciability and remedies in state war power cases.

DOI: https://doi.org/10.2478/bjals-2023-0014 | Journal eISSN: 2719-5864 | Journal ISSN: 2049-4092
Language: English
Page range: 1 - 42
Published on: Jan 27, 2024
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2024 Robert G. Natelson, Andrew T. Hyman, published by Birmingham City University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.