The Coase Theorem and the War Power: A Response

Abstract

In January 1991, our nation narrowly avoided a constitutional crisis, as President Bush requested and Congress passed a joint resolution that authorized the use of military force against Iraq. In the weeks preceding that vote, the nation had witnessed a now-familiar dance: The President had threatened to make war without seeking congressional consent, Congress had avoided taking a stand, and the courts had declined to enjoin an unauthorized war.