Our First Real War

Green Bag, Vol. 2, p. 169, 1999

10 Pages Posted: 12 Jul 2010

Date Written: February 1, 1999

Abstract

The Framers generally recognized the need for executive power to engage in military actions to repel foreign invasion or for other emergency purposes. Although Jefferson usually spoke in terms of strict interpretation of the Constitution and a restricted view of executive power, his actions demonstrated that in matters of war and foreign affairs, the niceties of formalism must sometimes be trumped by the necessities of governing – even when the situation might not rise to the level of an emergency. As Jefferson himself said, “What is practicable must often control what is pure theory.”

Keywords: Jefferson, war powers, constitution law, founders, originalism, Tripoli, barbary, pirates, enterprise, Tripolitan war

Suggested Citation

Kosma, Montgomery N., Our First Real War (February 1, 1999). Green Bag, Vol. 2, p. 169, 1999, Available at SSRN: https://ssrn.com/abstract=1639155

Montgomery N. Kosma (Contact Author)

Strategality llc ( email )

3912 Millcreek Dr.
Annandale, VA 22003
United States
4154390060 (Phone)

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