The Mudcat Café TM
Thread #56955   Message #895556
Posted By: Cornflake
21-Feb-03 - 07:45 PM
Thread Name: BS: Constitutional Guarantees
Subject: RE: BS: Constitutional Guarantees
Federal courts have developed various doctrines pursuant to which they decline to decide some issues, including constitutional issues. My vague recollection is that they used one of those doctrines in the Vietnam era to avoid deciding whether a President could wage war except on an emergency basis without a declaration from the Congress. The evidence is overwhelming that the drafters of the Constitution did not intend for that to happen; but if the courts won't address the issue, it can happen.