Also known as: war
Written by attorneys · grounded in primary & secondary sources — see below
The act of engaging in war or military conflict. It encompasses organized hostilities between nations or groups.
Willow Walker, an active-duty soldier, faces charges for conduct during combat operations. Because the charges arise in the land forces while in actual service in time of warfare, the Fifth Amendment permits prosecution without a grand jury indictment.
Walter Washington, a member of Congress, introduces legislation appropriating funds to expand naval forces engaged in ongoing warfare against a foreign power. The Article I grant of power to provide and maintain a navy authorizes the measure even though appropriations are limited to two-year terms.
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Wade Watson, governor of a coastal state facing imminent invasion, seeks congressional consent before entering an agreement with a neighboring state to coordinate naval defenses. Article I Section 10 bars states from engaging in warfare or keeping ships of war without consent unless invasion is immediate.
Wilma Wright, president of a national bank chartered by Congress, lends funds to the federal government to support armies raised for declared warfare. The implied powers recognized in McCulloch v. Maryland sustain the bank's role as a means to execute the war powers expressly granted.
Willa Whitman, an army officer appointed during active warfare, petitions for a writ to obtain her commission after the Secretary of War withholds it. Marbury v. Madison establishes that the judiciary may review executive action even when the underlying dispute concerns military appointments made to prosecute warfare.
Winter Wolfe, a state official, defends a state law regulating private militias formed in response to federal warfare policies. United States v. Morrison confirms that Congress may not rely on the Commerce Clause to reach noneconomic activity even when the activity relates to preparation for warfare.
The Fifth Amendment expressly excepts cases arising in the land or naval forces when in actual service in time of war or public danger. A service member therefore may be prosecuted without indictment when the offense occurs in that setting.
Article I Section 8 grants Congress the power to declare war, raise and support armies, and provide and maintain a navy. The President commands the forces once Congress has authorized their use.
Article I Section 10 prohibits a state from engaging in war unless actually invaded or in imminent danger that admits of no delay, and even then only without congressional consent when the danger is immediate.
The outbreak of warfare of which the agent has notice terminates the agent's authority when the conditions change so that the principal would not consent to further exercise of the authority.
…but on acts of Congress and general principles of law. This view is not novel. In 1792 an act directing the Secretary at War to place on the pension list disabled officers reported by the circuit courts was deemed unconstitutional so far as it imposed duties on the courts, and after a repeal Congress provided a…