Date and Time:
Tuesday, July 2, 2013 at 12 p.m.
Warren Hall, Faculty Reading Room
“Martial Law, Dictators, and Congress”
This paper (i) introduces the theory that the Constitution authorizes Congress to enact measures necessary to thwart invasions and rebellions, including the creation of a dictatorship and the suspension of some civil liberties; (ii) discusses founding era practices that suggest the legislature’s dominant and authorizing role during invasions and rebellions; (iii) considers congressional power in invasions, rebellions, and other crises as well as early federal emergency statutes; and (iv) considers separation of powers, continuity in government, and individual rights.
David Lurton Massee, Jr., Professor of Law
University of Virginia School of Law