Cong power to authorize war against Iraq

[Mark Tushnet]

In response to Alex Aleinikoff's posting about the free-standing
invocation of the necessary and proper clause, I'd note that the clause
refers to "Powers vested bu this Constitution in the Government of the
United States, or in any Department or Officer thereof."  The Resolution
may thus rest on a judgment (a) that the relevant power is vested in the
Government as a whole, not in any particular clause or even in Congress
specifically (something like the theory underlying Curtiss-Wright), or
(b) that the relevant power is vested in the President.
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