The President's Control of Foreign Relations

Cover The President's Control of Foreign Relations
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That distinction is only ma- terial to discriminate the aggressing nation from that which defends itself against attack. — ^The war is offensive on the part of the state which makes it ; on the opposite side it is defensive: but the rights of both, as to the measure of hostility, are equal.
It will be readily allowed, that the constitution of a particular country may limit the organ, charged with the direction of the public force, in the use or application of that force, even in time of actual
...war: but nothing short of the strongest negative words, of the most ex- press prohibitions, can be admitted to restrain that organ from so employing it, as to derive the fruits of actual victory, by making prisoners of the persons and detain- ing the property of a vanquished enemy. Our Constitu- tion, happily, is not chargeable with so great an absurdity.
The framers of it would have blushed at a provision, so repugnant to good sense, so inconsistent with national safety and convenience. ^That instrument has only pro- vided affirmatively, that, [^The Congress shall have power to declare War" ; the plam meaning of which is, that it is the peculiar and exclusive province of Congress, when \the nation is at peace to change that state into a state of war; whether from calculations of policy, or from provocations, or injuries received : in other words, it be- longs to Congress only, to go to War.


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