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What Trump Can Teach Us About Con Law

What Is a War?

What Trump Can Teach Us About Con Law

Roman Mars

Government

4.84.1K Ratings

🗓️ 28 November 2025

⏱️ 36 minutes

🧾️ Download transcript

Summary

The Trump administration’s attacks on Venezuelan boats defy even the broadest interpretation of the president's war powers.

Transcript

Click on a timestamp to play from that location

0:00.0

So it is Thursday, November 20th at 11.15 a.m. What are we going to be talking about?

0:06.0

Okay, Roman. Here's a question for you. Was the Civil War a war?

0:11.3

Oh, God. Huh. Uh, uh, whoa. Let's see. Declared. I'm trying to think of what I know from Article 1 at this point.

0:24.1

You could just have it off the cuff.

0:25.5

Yeah. I mean, I'm going to say yes. I, yes. The Civil War was a war. Let's go with that.

0:31.9

Yeah. I think that's right. And it might seem obvious to us now that it was a war. But in 1863, it was an open question

0:40.9

and a dangerous question for President Lincoln. And that was because of the Amy Warwick,

0:47.5

the Hiawatha, the Briante, and the Crenshaw, all four ships that were captured by the U.S. Navy.

0:55.6

Now, after Confederate troops fired on the U.S. Army garrison at Fort Sumter in April of 1861,

1:02.1

and that's the start of the Civil War, President Lincoln responded by issuing a series of executive proclamations.

1:09.5

He called up 75,000 volunteer soldiers to form what would become the Union Army.

1:15.0

And Lincoln also issued a naval blockade of the South. Now, this was meant to cut off supplies to the

1:22.4

Confederacy and to prevent it from selling its goods overseas to raise funds for the Confederate Army.

1:29.6

All of this was premised on Lincoln's Warpower as president.

1:34.3

Now, why a naval blockade?

1:37.5

A blockade meant that the U.S. Navy could seize private ships that were violating the blockade,

1:43.4

and in fact, such a ship and its cargo

1:46.2

could be claimed as a prize of war. By the 18th century, there existed a complex body of law

1:53.5

called prize law. And prize law worked like this. The Navy would board a ship to determine

2:00.0

whether it was violating the blockade, and if the ship to determine whether it was violating the blockade,

2:02.5

and if the ship appeared to be in violation of the blockade, the captured ship would be sent

2:06.7

to a union court where a prize court was located. The prize court would then determine whether

...

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