Document Type

Article

Repository Date

1970

Keywords

Constitutionality of Vietnam War, US Constitution Clause 11, South Carolina v. Katzenbach, Massachusetts v. Laird

Subject Categories

Constitutional Law | Jurisprudence | Law

Abstract

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.

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