War Powers

Question 1

United States v. Curtiss-Wright (1936)(p.190)

Answer 1

i) Congress passed a joint resolution authorising the president to ban the sales of arms to Bolivia and Paraguay, which were involved in an armed conflict. Congress held that this was not an unconstitutional delegation of power
ii) Rule: President is in a better position than Congress to judge conditions that exist in foreign nations and is afforded substantial discretion and wide latitude in those decisions.

Question 2

Campbell v. Clinton (2000)(p.194)

Answer 2

i) Facts: Congressmen sues Clinton over participation of US military forces in NATO missile attacks in Yugoslavia, saying violated the War Powers Resolution.
(1) Question of standing. In Mora, a soldier was bring the claim, so the outcome affected him. In this case, the outcome doesn’t affect the congressmen. Not sure if it matters.
ii) Court says claim is non-justiciable.

Question 3

Congress’ War Power Resolution of 1973

Answer 3

a) Before the President can introduce US armed forces into hostilities or situations where imminent involvement in hostilities is clearly indicated from the circumstances, the President must:
i) Consult with Congress in some form
ii) Issue a formal report to Congress (if troops are deployed)
b) Then, the power of the President to do this is limited to 60 days (unless Congress grants an extension or declares war in the interim), after which such power is suspended baring congressional approval.
i) Gets an extra 30 days if the president shows he needs time to get troops out.
c) Note: every president since Nixon (resolution was passed over his veto) has asserted the unconstitutionality of the War Powers Resolution. Nevertheless, they have all complied with it. In their reports however, they note “consistent” (as opposed to “compliant”) with the War Powers Resolution, they are submitting the report.
i) President’s claim it is an unconstitutional restriction on the President’s emergency powers and Commander in Chief Powers.

Question 4

Powers in the Constitution

Congress:

Answer 4

Article I, § 8

1) “lay and collect taxes to provide for the common defense” (cl. 1)
2) “to declare War” (cl. 11)
3) “to grant Letters of Marque and Reprisal” (cl. 11)
4) “to raise and support Armies” (cl. 12)
5) “to provide and maintain a Navy” (cl. 13)
6) “to make rules for the Government and Regulation of the land and naval forces” (cl. 14)
7) “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions” (cl. 15)
8) “to provide for organising, arming and disciplining the militia” (cl. 16)
9) “to suspend the privilege of Habeas Corpus in cases of rebellion or invasion” (§9, cl. 2) b)

Question 5

Powers in the Constitution : The President

Answer 5

Article II, § 1-3

1) Possessor of the “executive power” (§2, cl. 1)
2) Commander in chief (§2, cl. 1)
3) “to take care that the laws be faithfully executed” (§3).
4) Emergency Power – It is in the nature of an emergency that requires unitary and immediate authority