Hencely v. Fluor Corp. · ¶52

Under the Constitution, the power to make war and conduct combat operations is entrusted exclusively to Congress and the President. See Art. I, § 8, cls. 1, 11–16; Art. II, § 1, cl. 1, § 2, cl. 1. The Constitution expressly excludes the States from this field, Art. I, § 10, cl. 3, and thus no state law, including state tort law, may intrude on the Federal Government's authority over combat-related operations.

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