Life During Wartime
Though Eugene Volokh has established that the United States can be at war without Congress declaring war, I firmly believe that this war should be declared.

Full disclosure: such a declaration would be disastrous to me personally, and to a lot of people I know. I guess it just sucks to be me in this case.

Most nations would have no compunction about suspending civil rights throughout their lands during a time of war. Those nations often neglect to restore those rights when the war is over. That is one of the fundamental differences (I hope) between us and the orcs arrayed against us. But EV has more than once expressed concerns that this difference, enshrined in our Constitution, can cost us this war. There are no Constitutionally-carved exceptions that would allow us to bring our full force to bear against non-state actors who have open hostility towards our state. Rather than start carving, or handing the knife to the Executive Branch and surely ending up with nasty scars, let's explore the legal and historical terrain and find what we have done in the past and how it withstood judicial scrutiny.

Warning: This may require the unsavory task of sifting through the legal justifications offered for our own less honorable acts during wartime, such as the racial internment of Americans during World War II. Now is not the time to be squeamish.

For example: What is the Constitutionality of arbitrarily expelling the nationals of countries (or members of non-state organizations) with whom we are at war? Put aside investigating them or putting them under surveillance, what about just kicking them out? Would this tool be useful enough to justify all of the other exertions that come with declaring a war---rather than merely having "decided, for war, formally or informally, expressly or by implication, in advance or by subsequent ratification, by legislation or resolution, [or] merely by appropriating funds for the conduct of war"?

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