Home Judge’s Opinions War and the Constitution

War and the Constitution

by Andrew P. Napolitano

​Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged?

​These questions should be addressed in a national debate over the U.S. military involvement in Ukraine and Israel. Sadly, there has been no debate. The media are mouthing what the CIA is telling them, Congress is in lock-step, and only a few websites and podcasts -- my own, “Judging Freedom” on YouTube, among them -- are challenging the government’s reckless, immoral, illegal and unconstitutional wars.

​The Supreme Court has. . .

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