The constitutional and political authority to protect the nation from its enemies and to place U.S. military forces abroad in hostile situations.
Article I, section 8, of the U.S. Constitution grants Congress the power to tax and spend for the common defense, to declare war, to raise and support armies and a navy, and to make rules for the government of such forces. The Constitution (Article II, section 2) makes the president commander in chief and gives him or her the power to make treaties and appoint ambassadors with the advice and consent of the Senate. Although Congress has the power to declare war, from the nation’s beginnings, presidents have claimed the authority to place military troops abroad and to wage war. The United States has been involved in only five declared wars: the War of 1812, the Mexican-American War (1846-1848), the Spanish-American War (1898), World War I (1917-1918), and World War II (1941-1945). Of those, only the War of 1812 was actively debated by Congress before a formal declaration of war was made. Nevertheless, military troops have been deployed more than two hundred times in various military actions abroad.
In Bas v. Tingy
The aftermath of World War II saw the rise of the United States to world power status and the development of permanent standing armies, factors not anticipated by the Framers of the Constitution. Beginning with the administration of President Franklin D. Roosevelt, presidents have argued for an expansive reading of the executive war powers to meet the needs of national security
Dirck, Brian R. Waging War on Trial: A Handbook with Cases, Laws, and Documents. Santa Barbara, Calif.: ABC-Clio, 2003. Ely, John Hart. War and Responsibility. Princeton, N.J.: Princeton University Press, 1993. Fisher, Louis. Presidential War Power. Lawrence: University Press of Kansas, 1995. Moore, James. Bush’s War for Reelection: Iraq, the White House, and the People. New York: John Wiley & Sons, 2004. Ng, Wendy L. Japanese American Internment During World War II: A History and Reference Guide. Westport, Conn.: Greenwood Press, 2002. Comprehensive reference source on the internment years. Woodward, Bob. Bush at War. New York: Simon & Schuster, 2002.
Curtiss-Wright Export Corp., United States v.
Japanese American relocation
Military and the Court
War and civil liberties
War Powers Act of 1973
Wartime seizure power