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Professor Bennett Gershman: Constitution gives Congress the power to declare war; courts offer limited remedy
Summary
On Today's Verdict, Pace Law professor Bennett Gershman told host David Leash that Article I vests the power to declare war in Congress, that recent U.S. actions in Iran raise constitutional concerns, and that political checks—not immediate judicial relief—are the most likely constraint.
Professor Bennett Gershman told Today's Verdict that the Constitution assigns the power to declare war to Congress and that presidents lack authority to "declare war." "The framers of our constitution wanted the people of the United States through their elected representatives in Congress to decide whether or not to go to war," Gershman said during an interview with host David Leash.
Gershman drew a distinction between a formal declaration of war and unilateral military action. He said past conflicts such as Vietnam led Congress to adopt the 1973 War Powers Resolution to require the…
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