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Report, Power of the President to Send Troops Abroad

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O & 14 the ARCHIVES "NATIONA SERVICE" RECORDS AND Power of the President to Send Troops Abroad 1. The Question, its Constitutional Setting, and General Conclusions. The question here considered is the extent of the power of the President to send troops abroad at the present time, and the extent of the power of Congress to limit the President's power. The question is considered not only with reference to the Con- stitution but also in the light of the United Nations Charter, the North Atlantic Treaty, and the implementing legislation thereunder. Apart from treaties the question is basically a constitutional one, with a surprisingly large number of provisions relevant on each side. Those adduced in support of the President's power are: "The executive Power shall be vested in a President of the United States of America. (Art. II, sec. 1, cl. 1) "The 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 " (Art. II, sec. 2, cl. 1) " he shall take Care that the Laws be faithfully executed " (Art. II, sec. 3) Those adduced in support of the power of Congress are the following enumerations of its powers in Article I, section 8: "To declare War " (cl. 11) "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;" (cl. 12) "To provide and maintain a Navy;" (cl. 13) "To make Rules for the Government and Regulation of the land and naval Forces;" (cl. 14)

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