Article I, Section 8, Clause 11
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
The Federalist and Federalist essays
- quoted bySuggestedA Native of Virginia, Article I, ¶ 69
To declare war, grant letters of marque and repriſal, and •ake rules concerning captures on land and water;
The paragraph prints Article I, Section 8, Clause 11 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedFederalist No. 41, ¶ 6
The powers falling within the FIRST class are those of declaring war and granting letters of marque; of providing armies and fleets; of regulating and calling forth the militia; of levying and borrowing money.
Names the powers "of declaring war and granting letters of marque" in its list of the first class of powers, echoing this clause's words.
- cited bySuggestedFederalist No. 69, ¶ 6
…nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all which, by the Constitution under consideration, would appertain to the legislature.[1] The governor of New York, on the other hand, is by the constitution of the State vested only with the command of its militia and navy.
Says "the DECLARING of war" would, "by the Constitution under consideration," belong to the legislature, naming the power in this clause.
Debates in Congress
- cited bySuggestedHouse, December 8, 1803, ¶ 85
Even the right of declaring war, although nominally confided to the Legislature, must be substantially controlled by the acts of the Executive ; because it must generally happen that the necessity of war will depend on the manag»- meniof our foreign…
The speaker names "the right of declaring war ... confided to the Legislature," the power of Article I, Section 8, clause 11.
- cited bySuggestedHouse, December 8, 1803, ¶ 120
Congress may declare war; but, once declared, they cannot make peace; that power as well as the boundless, undefined, treaty-making power, generally, are exclusively vested in the Senate ; in the Legislative power…
Examining the Constitution, the speaker says "Congress may declare war," the power of Article I, Section 8, clause 11.
- cited bySuggestedHouse, December 17, 1917, ¶ 545
Yet it has been held by the United States Supreme Court, acquiesced in by every Congress, that the mere general power to declare war includes the power to carry it on to a successful issue with all the means at band by Congress, and one of the first things done by this Congress after…
The speaker names the "general power to declare war" given Congress by the Constitution, Article I, Section 8, Clause 11.
- quoted bySuggestedSenate, April 8, 1864, ¶ 16
Next comes the clause," Congress shall have power .to declare war; to raise and support armies; to provide and maintain a navy." A power like this is from its very nature unlimited.
The paragraph quotes "the clause": "Congress shall have power to declare war", the words of Article I, Section 8, Clause 11.
The Supreme Court
Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.
- interpreted bySuggestedMcCulloch v. Maryland (1819)17 U.S. 316, decided March 18, 1819
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C11.1, ArtI.S8.C11.2, pp. 451, 452.
- interpreted bySuggestedPrize Cases (1863)67 U.S. 635, decided 1863
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C11.3, pp. 455, 456.
- interpreted bySuggestedEx parte Milligan (1866)71 U.S. 2, decided December 15, 1866
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C11.1, ArtI.S8.C11.3, pp. 451, 455.
- interpreted bySuggestedUnited States v. Curtiss-Wright Export Corp. (1936)299 U.S. 304, decided December 21, 1936
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C11.1, ArtI.S8.C11.2, pp. 451, 452.
On Article I, Section 8 as a whole
- cited bySuggestedHouse, January 6, 1865, ¶ 34
- cited bySuggestedHouse, August 27, 1962, ¶ 261
- cited bySuggestedSenate, June 12, 1911, ¶ 292
- cited bySuggestedSenate, February 16, 1933 (2), ¶ 291
- cited bySuggestedSenate, March 27, 1962 (3), ¶ 153
- cited bySuggestedMassachusetts convention, January 21, 1788, ¶ 31
- cited bySuggestedPennsylvania convention, December 4, 1787, ¶ 51
- cited bySuggestedRemarks on the New Plan, ¶ 6
- cited byFederalist No. 82, note 2
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