“ There should not be the slightest doubt but that whenever the Chief Executive of the country takes any citizen by the neck and either puts him in prison or subjects him to some ordeal or sends him overseas to fight in a war, the question is a justiciable one. ”

“ The spectre of executive war-making is an ominous threat to our republican institutions. What can be done in Vietnam can be done in many areas o this troubled world without debate or responsible public decision. ”

“ An important unresolved constitutional issue of immediate importance to many Americans is involved. It is whether men may be sent abroad to fight in a war which has not been declared by Congress. This is a point on which I wrote a rather elaborate dissent in Holmes v. ”