The Pros And Cons Of War Powers

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War powers refers to the powers exercised by Congress or the president during times of war or other crises affecting national security. Article 2, Section 2 of the US Constitution declares that the president is the Commander in Chief of the Army and Navy of the United States. He may direct the military after an official declaration of war from Congress. There is a lot of disagreement and confusion about what exactly the president has the power to do under the Constitution. The purpose of this paper is to determine what war powers the constitution and Congress give the president, domestically and abroad during times of war, and what the scope of those powers is. The Constitution does not explicitly give the president additional powers during times of emergency, but many people think that the framers of the Constitution implied these powers because the executive branch can respond faster than the legislative in times of crisis. Abraham Lincoln used the claim of emergency powers when he suspended the writ of habeas corpus without approval from Congress in 1862. In 1863, Congress passed the Habeas Corpus Suspension Act. This act gave the president power to suspend the writ of habeas corpus, which allows prisoners to have their cases examined by a judge to determine if their detainment is lawful. Abraham Lincoln signed the…show more content…
The question in this case was whether or not the president had the power to order a trial by military for a group of German Nazi saboteurs, and whether or not that violated their fifth and sixth amendment rights. The agents attempted to sabotage various US targets, but failed. They were arrested and ordered by President Franklin Roosevelt to stand trial by military commission. They were all found guilty and sentenced to death. Seven of the eight agents filed a writ of habeas corpus directly to the Supreme Court, who decided to hear the

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