The Declare War Clause, Part 6: The Spanish-American War and First and Second World Wars

This episode examines the evolution of the U.S. government's interpretation of the Declare War Clause in the Constitution, focusing on the Spanish-American War, World War I, and World War II. We covers the differing language used in declarations of war and the resulting Supreme Court cases concerning presidential and congressional war powers. Key Supreme Court decisions regarding wartime economic controls, property seizures, and the scope of executive authority during and after wartime are highlighted, demonstrating the expansion and subsequent limitations of war powers. We also touches upon the ongoing debate between executive and legislative branches regarding war powers. Finally, we discuss the use of wartime precedents to justify actions during peacetime economic crises.