1. War & Peace - Whose Power Is It? The War Powers Struggle Between the President and Congress

2. Constitutionally Speaking: War Powers

3. Constitutional War Powers  Art. I, § 8: The Congress shall have power:  to pay the debts and provide for the common defense  To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;  To raise and support armies... To provide and maintain a navy;  To make rules for the government and regulation of the land and naval forces;  To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;  To provide for organizing, arming, and disciplining, the militia.  Art. II, § 2:  The president shall be commander in chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States;  Art. I, § 8: The Congress shall have power:  to pay the debts and provide for the common defense  To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;  To raise and support armies... To provide and maintain a navy;  To make rules for the government and regulation of the land and naval forces;  To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;  To provide for organizing, arming, and disciplining, the militia.  Art. II, § 2:  The president shall be commander in chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; 3

4. War Powers - President  Commander in Chief of the Army & Navy  Commander in Chief of the state militias (now the National Guard)  Commission all officers  Appoint ambassadors, ministers and consuls  Make treaties subject to senate confirmation  Receive ambassadors

5. Indirect War Powers – President “Faithfully execute” the laws “Faithfully execute” the laws Require the opinion of heads of executive departments Require the opinion of heads of executive departments Recommend “measures” to the congress Recommend “measures” to the congress “Faithfully execute” the laws “Faithfully execute” the laws Require the opinion of heads of executive departments Require the opinion of heads of executive departments Recommend “measures” to the congress Recommend “measures” to the congress Upon “extraordinary occasions” convene both houses of congress

6. 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

7. Indirect War Powers-Congress Make laws necessary & proper Regulate commerce w/ foreign nations Originate tax bill (House) Collect taxes, duties, excises (both) Borrow (both) Define & punish offenses against the law of nations

8. War Powers Resolution - Purpose Full intent of the framers Full intent of the framers Insure “collective judgment” between Congress and the President occurs when US armed forces are introduced into hostilities Insure “collective judgment” between Congress and the President occurs when US armed forces are introduced into hostilities Cites necessary and proper clause to grant Congress authority in WPR Cites necessary and proper clause to grant Congress authority in WPR Full intent of the framers Full intent of the framers Insure “collective judgment” between Congress and the President occurs when US armed forces are introduced into hostilities Insure “collective judgment” between Congress and the President occurs when US armed forces are introduced into hostilities Cites necessary and proper clause to grant Congress authority in WPR Cites necessary and proper clause to grant Congress authority in WPR

9. The 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

10. War Powers: The Supreme Court Weighs In The Prize Cases (1862) The Prize Cases (1862) Korematsu v. United States (1944) Korematsu v. United States (1944) Youngstown Sheet & Tube Co. v. Sawyer (1951) Youngstown Sheet & Tube Co. v. Sawyer (1951) Hamdan v. Rumsfeld (2005) Hamdan v. Rumsfeld (2005)

11. 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?

12. 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?

13. 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?

14. 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?

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

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

17. Artist: Patrick Chappatte Date: 9/12/07 Source: http://www.cagle.com/news/Petraeu sReport/4.asp http://www.cagle.com/news/Petraeu sReport/4.asp

18. Artist: Michael Ramiez Date: 9/12/07 Source: http://cagle.msnbc.com/politicalcartoons/PCcartoons/ramirez.asphttp://cagle.msnbc.com/politicalcartoons/PCcartoons/ramirez.asp