Hencely v. Fluor Corp. · ¶66

As with foreign affairs more broadly, the Constitution assigns the power to make war exclusively to the Federal Government. Congress is given the power to declare war, raise armies, provide a Navy, and make rules governing the Armed Forces. Art. I, § 8, cls. 1, 11–16. And the President is made the Commander in Chief of the Armed Forces. Art. II, § 2, cl. 1. The Constitution then explicitly strips States of any similar powers. States may not “keep Troops, or Ships of War in time of Peace,” or “engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” Art. I, § 10, cl. 3. The “Constitution's text, across several Articles, strongly suggests a complete delegation of authority to the Federal Government to provide for the common defense.” Torres v. Texas Dept. of Public Safety, 597 U. S. 580, 590 (2022). The framing generation well understood this point.…

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