Velvel v. Nixon

HILL, Circuit Judge.

Appellant, a professor of constitutional law, instituted this action as a citizen and taxpayer against, the President and certain members of his Cabinet, requesting a declaratory judgment proclaiming that the present military conflict in Vietnam is unconstitutional absent a congressional declaration of war. Alternatively, and if there were no hopes for peace at the time of the court decision, appellant also sought an order enjoining further activity in Vietnam. The district court considering the matter on a motion to dismiss and a responding motion for summary judgment,…