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« Constitutionality of banning "80% receivers" | Main | Sacramento mass killing »

Thoughts on the "war power"

Posted by David Hardy · 5 April 2022 11:17 AM

A pending Supreme Court case deals with state sovereign immunity; specifically, do Congress' constitutional war powers permit it to allow states to be sued under the statutes governing re-employment of honorably discharged veterans?

Since I believe court-created sovereign immunity to be neither good law nor wise policy, on the one hand, and cannot see how a 1789 constitutional provision could override a 1795 constitutional amendment, on the other, I don't have a dog in this fight. But for those who do, here is an article pointing out that the Constitution divides military power (if not the power to declare war) among states and the federal government.

1 Comment | Leave a comment

Dave D. | April 9, 2022 8:59 AM | Reply

…I read your post and the articles referenced. It appears to me ( and has for some time ) that the justices invent legal principles as needed to advance their aims and support their conclusions.

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