Constitutionality of Vietnam War, US Constitution Clause 11, South Carolina v. Katzenbach, Massachusetts v. Laird
Constitutional Law | Jurisprudence | Law
One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.
D'Amato, Anthony, "Massachusetts in the Federal Courts: The Constitutionality of the Vietnam War" (1970). Faculty Working Papers. Paper 127.