War & PeaceWar & Peace - Whose Power - Whose Power Is It?Is It?War & PeaceWar & Peace - Whose Power - Whose Power Is It?Is It?

The War Powers Struggle Between The War Powers Struggle Between the President and Congressthe President and Congress

Constitutionally Constitutionally Speaking:Speaking:

War PowersWar Powers

War Powers - PresidentWar Powers - PresidentCommander in Chief of the Army & NavyCommander in Chief of the state militias (now the

National Guard)Commission all

officersAppoint ambassadors,

ministers and consulsMake treaties subject to

senate confirmationReceive ambassadors

War Powers - Congress Declare war Raise & support army

& navy Ratify treaties (Senate) Advise & consent of

ambassadors (Senate) Make rules concerning

captures on land & water

Organize, arm, train & provide for the militia

Suppress insurrections & repel invasions

The War Powers ResolutionThe War Powers ResolutionThe War Powers ResolutionThe War Powers Resolution

1. President must consult w/ Congress before introducing armed forces into hostilities

2. Consult with Congress regularly until troops removed

3. If war not declared, President must submit report to Congress within 48 hours of troop deployment

4. President must remove troops after 60 days (+30 days for withdrawal) if Congress has not declared war

1. President must consult w/ Congress before introducing armed forces into hostilities

2. Consult with Congress regularly until troops removed

3. If war not declared, President must submit report to Congress within 48 hours of troop deployment

4. President must remove troops after 60 days (+30 days for withdrawal) if Congress has not declared war

War Powers: War Powers: The Supreme Court Weighs InThe Supreme Court Weighs In

The Prize CasesThe Prize Cases (1862)(1862)

Korematsu v. United Korematsu v. United States States (1944)(1944)

Youngstown Sheet & Youngstown Sheet & Tube Co. v. Sawyer Tube Co. v. Sawyer (1951)(1951)

Hamdan v. RumsfeldHamdan v. Rumsfeld (2005)(2005)

The Prize Cases (1862)

Key Issue: Did President Lincoln act within his presidential powers when he blockaded southern ports without a declaration of war?

Court’s Decision: The President had the power to act because a state of war existed.

Discussion Question: Does this case expand or limit the war powers of the President and/or Congress?

Korematsu v. U.S. (1944)

Key Issue: Did the Present, with the support of Congress, have the power to restrict the rights of Japanese Americans by relocating them to internment camps?

Court’s Decision: The government’s limitation of rights was justified during a time of

“emergency and peril.” Discussion Question: Does

this case expand or limit the

war powers of the President

and/or Congress?

Youngstown Sheet Co. v. Sawyer (1951)

Key Issue: Did President Truman have the power to seize & operate steel mills to avert a strike during the Korean War?

Court’s Decision: The President

did not have the authority to seize

private property without a

congressional statute. Discussion Question: Does this

case expand or limit the war

powers of the President and/or

Congress?

Hamdan v. Rumsfeld (2005)

Key Issues: 1) Were the military commissions set up by the Bush administration to try detainees at Guantanamo Bay constitutional? 2) Can Congress pass legislation preventing the Supreme Court from hearing the case?

Court’s Decision: Neither an act of Congress nor the inherent powers of the President authorize military commissions that do not comply with US and international laws. Discussion Question: Does this case expand or limit the war powers of the President and/or Congress?

Artist: Bob Matson Date: 3/30/07 Source: http://themoderatevoice.com/category/politics/legislation/page/2/

Artist: Mike Lane Date: 5/1/07 Source: http://themoderatevoice.com/category/politics/harry-reid/

Artist: Patrick ChappatteDate: 9/12/07Source: http://www.cagle.com/news/PetraeusReport/4.asp

Artist: Michael RamiezDate: 9/12/07

Source: http://cagle.msnbc.com/politicalcartoons/PCcartoons/ramirez.asp