Mark the language, “whenever war exists.” I am not ready to say that these words give the President power to declare the existence of war without the intervention of Congress; but I object to the whole clause on account of its generality.
Sumner raises concerns about the potential overreach of presidential power in declaring war without Congressional approval.
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More from Charles Sumner
Contrary to Christianity, but upheld by the Church, I. 54, 58.
Sovereignty of, belongs to the people, XVI. 28.
His loyalty to the Declaration of Independence, XIX. 317.
The only Constitutional party and party of freedom, VII. 38.
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