<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

British Journal of American Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"The Constitution, Invasion, Immigration, and the War Powers of States"}

By express and implied reservation, the Constitution permits states to wage defensive war and take other military action in response to invasion, insurrection,...

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

Published Online: Jan 27, 2024

Page range: 1 - 42

DOI: https://doi.org/10.2478/bjals-2023-0014

Keywords
constitutional law, Constitution, allegiance, invasion, immigration, state war powers, Articles of Confederation, aliens

© 2024 Robert G. Natelson et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Published Online: Jan 27, 2024

Page range: 1 - 42

DOI: https://doi.org/10.2478/bjals-2023-0014

Keywordsconstitutional law, Constitution, allegiance, invasion, immigration, state war powers, Articles of Confederation, aliens

© 2024 Robert G. Natelson et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
constitutional law, Constitution, allegiance, invasion, immigration, state war powers, Articles of Confederation, aliens