Tag: Commander-In-Chief
-
Use of Force Abroad
The Historic Use of Force AbroadIn 1912, the Department of State published a memorandum prepared by its Solicitor which set out to justify the Right to Protect Citizens in Foreign Countries by Landing Forces.1 In addition to the justification, the me…
-
War Crimes
Articles of War: World War II CrimesAs a matter of fact, in General Yamashita's case,1 which was brought after the termination of hostilities for alleged "war crimes," the Court abandoned its restrictive conception altogether. In the wo…
-
Presidential Government of Labor Regulations
Presidential Government of Labor RegulationsThe most important segment of the home front regulated by what were in effect presidential edicts was the field of labor relations. Exactly six months before Pearl Harbor, on June 7, 1941, Mr. Roosevelt, citing his proclamation thirteen days earlier of an …
-
Presidential Power
The Theory of Presidential PowerThe fullest expression of the presidential power proponents has been in defense of the course followed in Indochina. Thus, the Legal Adviser of the State Department, in a widely circulated document, contended: "Under the Constitution, the President, in addition t…
-
Presidential War Agencies
Presidential War AgenciesWhile congressional compliance with the President's demand rendered unnecessary an effort on his part to amend the Price Control Act, there were other matters as to which he repeatedly took action within the normal field of congressional powers, not only during the war, …
-
Prize Cases
The Prize CasesThe basis for a broader conception was laid in certain early acts of Congress authorizing the President to employ military force in the execution of the laws.1 In his famous message to Congress of July 4, 1861,<a name=t2 href=#f2 targe…
-
Prize Cases Impact
Impact of the Prize Cases on World Wars I and IIIn brief, the powers that may be claimed for the President under the Commander-in-Chief Clause at a time of widespread insurrection were equated with his powers under the clause at a time when the United States is engaged in a formally declared foreign…
-
Sanctions Implementing Presidential Directives
Sanctions Implementing Presidential DirectivesTo implement his directives as Commander-in-Chief in wartime, and especially those which he issued in governing labor disputes, President Roosevelt often resorted to "sanctions," which may be described as penalties lacking statutory authorizati…
-
September 11
Articles of War: Response to the Attacks of September 11, 2001In response to the September 11, 2001, terrorist attacks on New York City's World Trade Center and the Pentagon in Washington, D.C., Congress passed the "Authorization for Use of Military Force," <a name=t1 href=#f1 target=&…
-
Pardon Power
Scope of the Pardon Power (Commander-In-Chief)The pardon power embraces all "offences against the United States," except cases of impeachment, and includes the power to remit fines, penalties, and forfeitures, except as to money covered into the Treasury or paid an informer,<a name=t1 href…
-
Postwar Period
The Postwar Period and the PresidencyThe end of active hostilities did not terminate either the emergency or the Federal Government's response to it. President Truman proclaimed the termination of hostilities on December 31, 1946,1 and, in July 1…
-
Power of Congress to Control President
The Power of Congress to Control the President's DiscretionOver the President's veto, Congress enacted the War Powers Resolution,1 designed to redistribute the war powers between the President and Congress. Although ambiguous in some respects…
-
Martial Law
Martial Law and Constitutional LimitationsTwo theories of martial law are reflected in decisions of the Supreme Court. The first, which stems from the Petition of Right, 1628, provides that the common law knows no such thing as martial law; 1 that is…
-
Nazi Saboteurs
Articles of War: The Nazi SaboteursIn 1942 eight youths, seven Germans and one an American, all of whom had received training in sabotage in Berlin, were brought to this country aboard two German submarines and put ashore, one group on the Florida coast, the other on Long Island, with the idea that …
-
Pardon
The Legal Nature of a PardonIn the first case to be decided concerning the pardoning power, Chief Justice Marshall, speaking for the Court, said: "As this power had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institut…