War Powers Act Study Notes

War Powers Act Overview

  • Constitutional Basis:

    • Article I: Grants Congress the power to declare war.
    • Article II: Designates the President as Commander in Chief of the military.

  • Historical Context:

    • 19th Century: Declarations of war passed through Congress.
    • 20th Century: Joint resolutions used.

  • Formal Declarations:

    • US has declared war formally against foreign nations in various conflicts.

  • President's War Powers:

    • Commander in Chief of Army, Navy, National Guard.
    • Can commission officers, appoint ambassadors, make treaties (Senate approval), receive ambassadors.

  • Congress's War Powers:

    • Declare war, raise/support military, ratify treaties (Senate), advise & consent on ambassadors (Senate).
    • Organize, arm, train militia; suppress insurrections and repel invasions.

War Powers Resolution

  • Consultation:

    • President must consult Congress before deploying troops.
    • Regular updates required until troops are withdrawn.
    • President must report to Congress within 48 hours of deployment if war is not declared.

  • Troop Withdrawal:

    • Troops must be removed within 60 days (+30 for withdrawal) unless Congress declares war.

Key Supreme Court Cases

  • The Prize Cases (1862):

    • Issue: Lincoln's blockade of southern ports without war declaration.
    • Decision: President acted within power due to existing war conditions.

  • Korematsu v. U.S. (1944):

    • Issue: Internment of Japanese Americans during wartime.
    • Decision: Government's actions justified during emergency.

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

    • Issue: Truman's seizure of steel mills during Korean War.
    • Decision: President lacked authority to seize property without Congressional statute.

  • Hamdan v. Rumsfeld (2005):

    • Issues: Constitutionality of military commissions and Congress's ability to limit Supreme Court's jurisdiction.
    • Decision: Military commissions must comply with US and international laws; neither Congress nor President can authorize unlawful commissions.