| Front | 2C4. National Powers: Scope of the National Legislative Power: War and Treaty Power |
|---|---|
| Back | BAR: Discuss war powers. What authority does Congress vs. Exec have? (1) Various specific powers concerning war, treaties, and foreign relations are granted constitutionally to Pres and Congress. However, federal govt also possesses powers of "external sovereignty" that do not depend on any specific const'l source. The question of appropriate division of war powers b/w Pres and Congress remains an unsettled issue of constitutional law. (2) Another issue is whether domestic federal activity (imposition of martial law) is a justifiable exercise of power (3) Congressional exercise of war/treaty power is subject to other const'l limitations (Bill of Rights) How long can Pres commit troops overseas without Congressional approval? Gulf of Tonkin Resolution, War Powers Act never really tested by courts, so we don't know. Korematsu: sometimes strange decisions are permissible in war time No declared wars since WWII -- Korea+ were "policing actions", etc. |
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