War Powers Flashcards
What is WPR purpose?
Trying to Insure collective judgment of both Congress and Pres. will apply to the introduction of US forces into hostilities
- Pres. can send troops but must notify Con. w/in 40 hours. Congress can make dec. of war. If not pres has up to 90 to remove troops.
What are Const. question w/ WPR?
Is the war Powers resolution an unconstitutional intrusions on the president’s powers as commander in chief? OR Is the WPR a permissible effort by Congress to interpret the Const. and ensure checks and balances?
What happened in Hamdi?
Does gov. have authority to hold American citizen apprehended in foreign country as enemy combatant and deny him due process? NO
- After 9/11 court gave pres. power through AMF to use necc. and app. force against persons he determined to aid terrorism.
Court says- Hamdi deserves: Entitled to due process.
-War is not a blank state for the gov. The executive is asking for a concentration of power in themselves. Violates sep. of power.
-Court applies Matthews Balancing test.
What is Matthews v. Eldridge Test?
When can US hold someone indef.?
- Private interest at stake
- In this case freedom from confinement
- Government interest at stake
- Risk of erroneous deprivation of the private interest.
- Probable value of additional safeguards
