Also known as: wars · armed conflict
Written by attorneys · grounded in primary & secondary sources — see below
A state of armed conflict between nations or states. The condition triggers specific constitutional allocations of power and exceptions to procedural protections.
Select any source to read its text and confirm it supports the definition.
Winter Wolfe serves in the militia during an ongoing armed conflict with a foreign nation. Federal prosecutors charge him with a capital offense arising from his service. The court proceeds without a grand jury indictment because the exception for actual service in time of war applies.
Winston Ward leads a congressional committee facing reports of imminent invasion. Congress passes legislation raising and supporting armies and declaring war to repel the threat. The measure takes effect immediately under the enumerated powers triggered by the state of war.
Willow Walker governs a state facing sudden cross-border raids with no time for congressional approval. The state legislature authorizes limited troops and ships to repel the attack. The action qualifies as an exception because the state faces imminent danger that admits of no delay.
Whitney Washington operates a clinic in a state under federal war powers. State officials impose new restrictions citing national emergency. The court evaluates whether the restrictions survive constitutional scrutiny while the armed conflict continues.
Wesley Wong directs a state bank chartered to aid wartime financing. Maryland attempts to tax the federal institution operating within its borders. The court determines whether the state tax interferes with national authority exercised in time of war.
Wayne Walker receives a judicial commission signed before hostilities begin. The executive withholds delivery citing changed conditions after war is declared. The court assesses whether the commission creates a vested right unaffected by the outbreak of armed conflict.
The exception covers cases arising in the land or naval forces or militia when in actual service in time of war or public danger. Courts have applied the exception during periods of armed conflict even without a formal declaration.
Congress alone possesses the power to declare war, grant letters of marque and reprisal, and make rules concerning captures. This authority remains exclusive to the federal legislature even when states face invasion.
A state may not keep troops or ships of war in time of peace or engage in war unless actually invaded or in imminent danger admitting of no delay. Any other agreement or compact with a foreign power requires congressional approval.
…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…