War & Peace - Whose Power Is It?

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

2. Constitutionally Speaking: War Powers

3. 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

4. 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

5. The War Powers Resolution • President must consult w/ Congress before introducing armed forces into hostilities • Consult with Congress regularly until troops removed • If war not declared, President must submit report to Congress within 48 hours of troop deployment • President must remove troops after 60 days (+30 days for withdrawal) if Congress has not declared war

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

7. 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?

8. 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?

9. 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?

10. 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?

11. Artist: Bob Matson Date: 3/30/07 Source: http://themoderatevoice.com/category/politics/legislation/page/2/

12. Artist: Mike Lane Date: 5/1/07 Source: http://themoderatevoice.com/category/politics/harry-reid/

13. Artist: Patrick Chappatte Date: 9/12/07 Source: http://www.cagle.com/news/PetraeusReport/4.asp

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