We the People: War power - Practice and abuse

Unilateral presidential war-making, remarkable for its direct violation of the War Clause of the Constitution, is a sharp reminder of the widening gulf between constitutional principle and governmental practice. It recalls the observation of a 17th Century English judge: “The practice of government is but feeble proof of its legality.”

Since 1950, every president, with the exception of Dwight Eise...