The article discusses how the United States has moved away from enforcing checks and balances regarding war powers, exemplified by President Trump's actions in Iran without congressional approval. It highlights a shift starting with the Supreme Court case <em>United States v. Curtiss-Wright Export Corp</em>, which led to courts deferring more power to the president over foreign policy decisions, undermining constitutional requirements for Congress to declare war. The key takeaway is that this trend weakens judicial enforcement of constitutional provisions designed to limit presidential unilateralism in matters of war.
Read the full article at SCOTUSblog
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