Flashcards Studio

An escalating border dispute prompts the following sequence: The President, acting as Commander-in-Chief, issues a Proclamation of War declaring that a state of war exists between the Philippines and the neighboring state, effective on the date of the first clash. One month later, both Houses of Congress pass, separately, a Joint Resolution declaring the existence of a state of war retroactive to the same date; The Joint Resolution states that it is the declaration required by the Constitution; The President signs the Joint Resolution into law. The neighboring state's government challenges the declaration in court, arguing that (i) only Congress may declare a state of war and such declaration must take the form of a Joint Resolution or statute, not a proclamation or a concurrent resolution, and (ii) retroactivity raises constitutional concerns. (a) Identify the controlling doctrine on who may declare the existence of a state of war and the form such declaration must take. (b) Apply the facts: is the retroactive declaration valid, and what are the effects on actions undertaken before the declaration?