Some people replied to the post below on section 3 of the Fourteenth Amendment by asking whether the nation can have “Enemies” for section 3 purposes without a declaration of war.
Well, the Civil War itself, to which section 3 clearly applies, was not a declared war. That suggests that “Enemies” include actual enemies with whom we are in a state of war (which included the Confederacy and North Vietnam) regardless of whether there has been a formal declaration of war. What’s more, as I’ve argued often before, U.S. law generally does not distinguish between declared wars and undeclared wars. The question is whether we are in an armed conflict with an entity, not whether there has been a Congressional declaration of war.
Comments are closed.