Can Congress declare war on North Korea?

[Draggingtree]

The Volokh Conspiracy: Can Congress declare war on North Korea?

By Eugene Kontorovich August 4 at 10:07 AM

 

No – at least if the Supreme Court accepts that Government’s position inZivotosfky v. Kerry, that may be one of the absurd implications.

 

The amicus brief in support of the Menachem Zivotofsky that Alan Gura and I wrote on behalf of legal scholars and a human rights group makes several basic points that explain the North Korean question above. I’ll mention some highlights here, and tease out some parts in further posts.

 

1. The Zivotosfky case does not require any constitutional decision about the scope or primacy of Congress’s or the President’s respective roles in recognition. Thus any such constitutional decision should be avoided. This is simply a case about Congress making de facto factual determinations in pursuance of its enumerated powers.

 

2. The action of Congress in specifying that passports of people born in Jerusalem say “Israel” is not one of recognition as that term is understood at law.

[Valin]

Don't have to, The Korean War never ended. Now I'll go and do something really radical....read the article.

[Draggingtree]

Don't have to, The Korean War never ended. Now I'll go and do something really radical....read the article.