Question

As governor of New York, Andrew Cuomo has decided he will take the NY National Guard and invade Canada. Can he do that? ______________ Where is it addressed (article & section)?

Answer 1

Answer: Andrew Cuomo, as governor of New York, would not be able to invade Canada.

Article One, Section Eight of the U. S. Constitution states that only Congress has the right to declare war, although it does not specify the way in which this war must be declared. The Doe v. Bush judicial resolution, however, concluded that an authorization suffices to fulfill this requirement and that a formal declaration was not needed. Regardless, the duty to authorize a war still falls on Congress and cannot be evaded.