Tag: Commander-In-Chief
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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…
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Evacuation of the West Coast Japanese
Evacuation of the West Coast JapaneseOn February 19, 1942, President Roosevelt issued an executive order, "by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy," providing, as a safeguard against subversion and sabotage, pow…
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Ex parte Garland
Effects of a Pardon: Ex parte GarlandThe leading case on this subject is Ex parte Garland,1 which was decided shortly after the Civil War. By an act passed in 1865, Congress had prescribed that, before any person should be permitted to practice in a …
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Constitutional Status of Presidential Agencies
Constitutional Status of Presidential AgenciesThe question of the legal status of the presidential agencies was dealt with judicially but once. This was in the decision of the United States Court of Appeals for the District of Columbia in Employers Group v. National War Labor Board,<a name=t1 href=#…
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Contempt of Court
Offenses Against the United States: Contempt of Court (President Pardon)The President may pardon criminal but not civil contempts of court. The Court "point[ed] out that it is not the fact of punishment but rather its character and purpose that makes the difference between the two kinds of cont…
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Domestic Disorder
Martial Law and Domestic DisorderPresident Washington himself took command of state militia called into federal service to quell the Whiskey Rebellion, but there were not too many occasions subsequently in which federal troops or state militia called into federal service were required.<a name=t1 hre…
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Clause 1. Commander-In-Chiefship; Presidential Advisers; Pardons
Clause 1. Commander-In-Chiefship; Presidential Advisers; PardonsThe President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the prin…
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Cold War
The Cold War and After: Presidential Power To Use Troops Overseas Without Congressional AuthorizationReaction after World War II did not persist, but soon ran its course, and the necessities, real and perceived, of the United States' role as world power and chief guarantor of the peace operated …
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Commander of the Armed Forces
The President as Commander of the Armed ForcesWhile the President customarily delegates supreme command of the forces in active service, there is no constitutional reason why he should do so, and he has been known to resolve personally important questions of military policy. Lincoln early in <a name…
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Commander-In-Chief
Development of the ConceptSurprisingly little discussion of the Commander-in-Chief Clause is found in the Convention or in the ratifying debates. From the evidence available, it appears that the Framers vested the duty in the President because experience in the Continental Congress had disclosed the…
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Commander-in-Chiefship Theory
Presidential Theory of the Commander-in-Chiefship in World War II-And BeyondIn his message to Congress of September 7, 1942, in which he demanded that Congress forthwith repeal certain provisions of the Emergency Price Control Act of the previous January 30th,<a name=t1 href=#f1 target="_self&q…
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Amnesty
Congress and Amnesty (Presidential Pardon)Congress cannot limit the effects of a presidential amnesty. Thus the act of July 12, 1870, making proof of loyalty necessary to recover property abandoned and sold by the government during the Civil War, notwithstanding any executive proclamation, pardon, a…
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Cabinet
The Cabinet (Presidential)The authority in Article II, § 2, cl. 1 to require the written opinion of the heads of executive departments is the meager residue from a persistent effort in the Federal Convention to impose a council on the President.1…
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Civilian Officer
The Commander-in-Chief a Civilian Officer (President)Is the Commander-in-Chiefship a military or a civilian office in the contemplation of the Constitution? Unquestionably the latter. An opinion by a New York surrogate deals adequately, though not authoritatively, with the subject: "The Preside…