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Hastings International and Comparative Law Review

Abstract

In light of the history of the United States Constitution and the continued expansion of Presidential power, the author urges the Congress, the press, and the American public to examine carefully every new assertion of Presidential power. This Note specifically focuses on the recent Persian Gulf conflict and President Bush's justifications for the use of military force without congressional approval. The Note presents three distinct arguments: First, President Bush never had the constitutional power to use military force to implement a Security Council resolution without congressional authorization; second, the Persian Gulf conflict was a war within the meaning of the Constitution, and as such, only Congress, not the President, had the power to authorize it; third, Congress, during the Persian Gulf conflict did not delegate its war making power to the President. The author concludes that the United Nations growing role may lead to increased opportunities for the President to abuse the congressional war making power.

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