Author Archive

Herbert L. Fenster

Herbert L. Fenster is an expert in Government Contract Law. He has extensive experience in the negotiation, interpretation, and litigation of contracts for major weapons systems, as well as the procurement of research and development. Fenster holds degrees in architecture/civil engineering, history, and economics from the University of Pennsylvania, and is a graduate of the University of Virginia Law School. He is an author and lecturer on government and administrative law subjects and served as litigation counsel for the Reagan-Bush Campaign Committee and for the Grace Commission. Fenster is a director of the U.S. Chamber of Commerce National Chamber Litigation Center and a corporate and foundation director and trustee. He is also the General Counsel of the National Defense University Foundation.


The Great War Powers Misconstruction

The Great War Powers Misconstruction

The term “war” is found at four locations in our Constitution. However, the word alone signals nothing about the powers of the two political branches the Constitution creates, executive and legislative, and nowhere in the Constitution does the term “war powers” appear. At some point in our history, the word “powers” was coupled with “war.”