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Last Thursday, Gov. Frances W. Sargent signed into law a bill stating that no Massachusetts serviceman can be ordered into a combat zone outside the United States without a Declaration of War by Congress.
In effect, the bill challenges the constitutionality of the President's power to wage an underlared war.
Sargent attached an emergency letter to the bill which allowed it to become law immediately-bypassing the usual 90 day interim requirement.
Massachusetts Attorney General Robert H. Quinn said he will bring a test case before the Supreme Court "as speedily as possible."
Sargent male it clear that military orders should not be violated while the law is being tested in court.
Constitutional lawyers disagree on how the Supreme Court will react to the law.
A?chibald Cox '34, Samuel Williston Professor of Law and former U.S. Solicitor General, feels that there is "a relatively slim chance that the law will receive a full hearing by the court." He went on to say that it is much more likely that Massachusetts' complaint will be dismissed.
On the other hand. Stephen Worth, associate professor of Political Science at Northeastern University's graduate school of liberal arts and an early supporter of the bill, said that the chances for a full court hearing are "not remote but not inevitable."
The court's decision is expected by the end of this year.
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