In the vast literature on American war powers, attention is rarely paid to the product of war, the dead human body, and its impact on war politics and war powers. In legal scholarship on the war powers, the practice of war usually happens in the background. Presidents, Congress, and courts are in the foreground. Killing in war is thereby a background phenomenon, an aspect of the social context within which the war powers are exercised.
Dudziak, Mary L.
"Death and the War Power,"
Yale Journal of Law & the Humanities: Vol. 30
, Article 2.
Available at: https://digitalcommons.law.yale.edu/yjlh/vol30/iss1/2