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Publicado en línea: 19 jul 2019
Páginas: 107 - 137
DOI: https://doi.org/10.2478/bjals-2019-0004
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© 2019 Thomas Halper, published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.
The Constitution’s declaration of war requirement, superficially straightforward but actually full of ambiguities, originated in a fear of presidential usurpation and recklessness. Yet Congress has responded to political incentives and has declined the assertive role assigned to it. The check on usurpation and recklessness has eroded almost to the vanishing point.