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upon the powers of either the President or the Congress.
Where possible, they have side-stepped the issue. where
DITION
evasion has not been possible, they have acted almost with-
out exception to affirm the views taken by the President
as
VSR
to the extent of his own authority.
cod
It will not be possible, therefore, in this memoran-
oj
dum to cite judicial authority for some of the major propo-
sitions advanced. Some of these propositions rest upon the
successful exercise of Presidential power by past Presidents.
Others are buttressed by commentators or writers in this
field, including such founders of the country as Alexander
Hamilton and John Marshall.
Illustrative incidents may be found throughout the
entire range of American History since the Articles of Con-
federation, and this memorandum should not be regarded as an
exhaustive treatment of historical examples or constitutional
authorities, but only as a broad preliminary survey.
B. Powers of the President and the Congress
1.
Of the President
III
The Constitution grants powers to the
President which are relevant to his authority to send
American troops abroad. Similarly, the Congress ist
endowed with constitutional powers affecting the bas
armed forces and foreign affairs which have consider-
able bearing on the subject.
One of the widest powers conferred
upon the President by the Constitution is the function
of acting as Commander-in-Chiei of the Army and Navy
of the United States. (Const. Art. II, Sect. 2, Cl. 1).
It is generally admitted that in time of war
the President's powers as Commander-in-Chie: are full and complete.
As former Chief Justice Hughes has said:
adnobo
"The power to use an ariyy is coextensive with the powe
to make war; and the army may be used wherever the war is carried
on, here or elsewhere. There is no limitation upon the authority
of Congress to create an army and it is for the President as
Comnander-in-Chief to direct the canpaigns of that army wherever
he may think they should be carried on." (Hughes, Chas. E.,
War Powers under the Constitution, Sen. Doc. No. 105, 65th Cong.
lst Sess. (1917) -- an address delivered by former Justice
Hughes before the American Bar Association.)
This plenary power as Commander-in-Chief in time
of war has been emphasized by Chief Justice Taney in the follow-
ing words:
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"ocrText": "- 6 -\nupon the powers of either the President or the Congress.\nWhere possible, they have side-stepped the issue. where\nDITION\nevasion has not been possible, they have acted almost with-\nout exception to affirm the views taken by the President\nas\nVSR\nto the extent of his own authority.\ncod\nIt will not be possible, therefore, in this memoran-\noj\ndum to cite judicial authority for some of the major propo-\nsitions advanced. Some of these propositions rest upon the\nsuccessful exercise of Presidential power by past Presidents.\nOthers are buttressed by commentators or writers in this\nfield, including such founders of the country as Alexander\nHamilton and John Marshall.\nIllustrative incidents may be found throughout the\nentire range of American History since the Articles of Con-\nfederation, and this memorandum should not be regarded as an\nexhaustive treatment of historical examples or constitutional\nauthorities, but only as a broad preliminary survey.\nB. Powers of the President and the Congress\n1.\nOf the President\nIII\nThe Constitution grants powers to the\nPresident which are relevant to his authority to send\nAmerican troops abroad. Similarly, the Congress ist\nendowed with constitutional powers affecting the bas\narmed forces and foreign affairs which have consider-\nable bearing on the subject.\nOne of the widest powers conferred\nupon the President by the Constitution is the function\nof acting as Commander-in-Chiei of the Army and Navy\nof the United States. (Const. Art. II, Sect. 2, Cl. 1).\nIt is generally admitted that in time of war\nthe President's powers as Commander-in-Chie: are full and complete.\nAs former Chief Justice Hughes has said:\nadnobo\n\"The power to use an ariyy is coextensive with the powe\nto make war; and the army may be used wherever the war is carried\non, here or elsewhere. There is no limitation upon the authority\nof Congress to create an army and it is for the President as\nComnander-in-Chief to direct the canpaigns of that army wherever\nhe may think they should be carried on.\" (Hughes, Chas. E.,\nWar Powers under the Constitution, Sen. Doc. No. 105, 65th Cong.\nlst Sess. (1917) -- an address delivered by former Justice\nHughes before the American Bar Association.)\nThis plenary power as Commander-in-Chief in time\nof war has been emphasized by Chief Justice Taney in the follow-\ning words:"
}