Andrew Tutt on the Torres Case, State Sovereign Immunity, and Congress's War Powers
The Lawfare Podcast
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Is the Federal Government's War Powers the Best Case for Your Argument?
i'm curious where would you rank states being subject to suit under the war powers versus under other provisions of the constitution? Well, i do think that this is the best case for, well, how do i want to say it? The war powers are probably the most uniquely national power of the powers conferred on the federal government. Where i draw the line is the foreign relations powers, the looking out, where where we are not 50 states, but one nation. That is where the states sort of lose their ability to assert sovereign prerogatives.
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