Abstract: When drafting the Constitution, the Framers implemented a structural system of checks and balances to guard against the executive tyranny they had experienced under British rule. During the Vietnam War many in Congress perceived the executive branch as over-reaching, and in response they passed the War Powers Resolution of 1973, which was an attempt to place a procedural check on executive power. This Note examines changes in the technology and actors involved in modern warfare against the scope of the Resolution. The 2011 conflict in Libya is presented as a specific example to demonstrate that modern warfare has evolved outside the scope of the Resolution. Based on the assumption that war powers should be balanced between the executive and legislative branches, this Note argues for new war powers legislation that is more broad and flexible in scope to accommodate the evolution of war.
BCLR Moves to # 25 in Law Journal Rankings
The Boston College Law Review has moved from #26 to #25 in the annual Washington and Lee University School of Law Law […]
Alumni-Student Happy Hour, February 19
Dear BCLR Alumni, I am pleased to announce that the Boston College Law Review will be hosting its Alumni-Student Happy […]
2014 E. Supp. Now Available
We have begun posting case comments from recent federal appellate decisions to our 2014 E. Supp., which can be found […]