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Congress, The President, and the Power to Wage War, 48 Chicago-Kent Law Review 131 (1971)


When the Constitutional Convention was debating allocation of the war power within the federal government George Mason of Virginia said that he "was against giving the power of war to the Executive, because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging rather than facilitating war; but for facilitating peace." Oliver Ellsworth of Connecticut, later the third Chief Justice of the United States, expressed the same thought. "It should be more easy to get out of war," said Ellsworth, "than into it."

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